Election Commission Neutrality
Kartavya Desk Staff
Syllabus: Constitutional Bodies
Source: IE
Context: The Election Commission of India (ECI) has faced allegations of bias and erosion of neutrality, particularly in handling recent elections like Delhi 2025, raising concerns about its independence and transparency.
About Election Commission of India (ECI)
• Constitutional Basis: Established under Article 324 of the Indian Constitution.
• Composition: A three-member body consisting of the Chief Election Commissioner (CEC) and two Election Commissioners.
• Appointment Process: Previously appointed by the President on the advice of the Prime Minister. Post-2023 Supreme Court ruling (Anoop Baranwal vs Union of India Case, 2023), appointments are made by a selection committee (PM, Leader of Opposition, and Union Cabinet Minister).
• Powers and Functions: Conducts free and fair elections for Lok Sabha, State Assemblies, and President/Vice President. Supervises electoral rolls, voter registration, and model code of conduct. Resolves disputes related to elections.
• Conducts free and fair elections for Lok Sabha, State Assemblies, and President/Vice President.
• Supervises electoral rolls, voter registration, and model code of conduct.
• Resolves disputes related to elections.
Key Functions and Duties of the Election Commission of India
• Electoral Constituency Management: Defines electoral boundaries under the Delimitation Commission Act to ensure fair representation.
• Electoral Roll Preparation and Revision: Updates voter lists to prevent bogus voting and ensure inclusivity.
• Election Schedule and Nomination Scrutiny: Announces poll dates, verifies nominations, and ensures eligibility.
• Political Party Recognition and Symbol Allocation: Registers parties, assigns election symbols, and resolves disputes.
• Model Code of Conduct (MCC) Implementation: Ensures ethical campaigning and prevents government misuse.
Allegations of Bias in ECI:
• Model Code of Conduct Violations: The central dominant party promoted tax exemptions as an election incentive, violating the Model Code of Conduct (MCC).
E.g. Tax exemptions as a “gift for Delhi” during campaigns.
• Politically Influenced Appointments: Since 2010, several bureaucrats with political links have been appointed as election commissioners.
E.g. Ashok Lavasa was sidelined for dissent, and Arun Goel’s abrupt resignation fueled speculation of external pressure.
• Manipulation of Electoral Processes: Assam delimitation was alleged to have favored the ruling party by redrawing constituency boundaries strategically.
E.g. Surat 2024 election saw an uncontested victory in a non-conflict zone, raising concerns over fair competition.
• Lack of Transparency: ECI withheld crucial voter turnout data and weakened disclosure rules, affecting public trust.
• Biased Electoral Calendar: The four-phase polling schedule in Odisha was allegedly designed to align with the national party’s campaign plans.
ECI Has Maintained Neutrality:
• Constitutional Autonomy and Judicial Oversight: Operates under Article 324, with Supreme Court checks.
• Three-Member Decision-Making Mechanism: Ensures collective decision-making to reduce bias.
• Voter Awareness and Electoral Reforms: Implements SVEEP program to boost voter participation.
• Digital and Technological Advancements: Introduced EVM tracking and digital voter IDs for transparency.
Way Ahead:
• Electoral Finance Reforms: Implement stricter disclosure norms for political donations to enhance transparency and accountability in electoral funding as per Indrajith Gupta Committee.
• Enhanced MCC Enforcement: Enforce stricter penalties and real-time monitoring to prevent violations of the Model Code of Conduct during elections.
• Public Engagement & Awareness: Expand voter education programs to promote informed participation and awareness of electoral rights nationwide.
• Strengthening EVM Transparency: Mandate 100% VVPAT verification in disputed constituencies to ensure public trust in electoral outcomes.
Conclusion:
The ECI must uphold its constitutional mandate to ensure free and fair elections. Addressing allegations of bias and enhancing transparency will restore public trust and strengthen India’s democratic foundations.
Insta Links:
• Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC-2022)