Constitutional duty of the Election Commission of India

Source: NIE

Subject: Polity

Context: The Election Commission of India (ECI) told the Supreme Court of India that Article 324 grants it constitutional control over the preparation of electoral rolls, including the power to conduct Special Intensive Revision (SIR).

About Constitutional duty of the Election Commission of India:

What it is?

• The ECI is a constitutional authority entrusted with ensuring free, fair, and credible elections in India.

• A core constitutional obligation of the ECI is to maintain the purity of the electoral process, which includes ensuring that only eligible Indian citizens are enrolled as voters.

Constitutional articles associated with the Election Commission:

• Article 324 – Superintendence, direction and control of elections Vests the ECI with complete control over the preparation of electoral rolls and conduct of elections to Parliament, State Legislatures, and the offices of President and Vice-President. Forms the constitutional basis for exercises like Special Intensive Revision (SIR).

• Vests the ECI with complete control over the preparation of electoral rolls and conduct of elections to Parliament, State Legislatures, and the offices of President and Vice-President.

• Forms the constitutional basis for exercises like Special Intensive Revision (SIR).

• Article 325 – One general electoral roll Mandates a single electoral roll for each constituency. Prohibits discrimination in voter inclusion on grounds of religion, race, caste, sex, etc.

• Mandates a single electoral roll for each constituency.

• Prohibits discrimination in voter inclusion on grounds of religion, race, caste, sex, etc.

• Article 326 – Adult suffrage Restricts the right to vote to Indian citizens aged 18 years and above, subject to lawful disqualifications. Makes citizenship a foundational requirement of voter registration.

• Restricts the right to vote to Indian citizens aged 18 years and above, subject to lawful disqualifications.

• Makes citizenship a foundational requirement of voter registration.

• Article 327 – Parliamentary power over elections Empowers Parliament to make laws on elections, including preparation of electoral rolls, but subject to Article 324, preserving ECI’s operational control.

• Empowers Parliament to make laws on elections, including preparation of electoral rolls, but subject to Article 324, preserving ECI’s operational control.

• Article 328 – State legislature powers Allows States to legislate on elections where Parliament has not acted, again within the constitutional framework.

• Allows States to legislate on elections where Parliament has not acted, again within the constitutional framework.

Significance of ECI’s constitutional duty:

• Safeguards electoral integrity by preventing inclusion of ineligible persons.

• Ensures citizenship-based franchise, a core feature of Indian democracy.

• Balances autonomy of the ECI with legislative oversight, preventing executive overreach.