Introduction
In a vibrant democracy like India, the role of the Election Commission of India (ECI) cannot be overstated. As an autonomous and permanent constitutional body, the ECI is entrusted with the monumental task of organizing free and fair elections across the nation's diverse landscape. From the vastly populated urban centers to the remotest rural areas, the Commission's mandate encompasses ensuring that every eligible citizen can exercise their fundamental right to vote without hindrance or undue influence. However, the recent general elections have thrust the ECI into the spotlight, with opposition parties leveling allegations of bias and raising concerns over various aspects of the electoral process, casting a shadow on the Commission's credibility.
Image Source : Election Commision Of India
The Constitutional Mandate and Powers of the ECI
The ECI derives its powers and responsibilities from the Indian Constitution, which grants it the authority of direction, superintendence, and control over elections to Parliament, state legislatures, and the offices of the President and Vice President. Article 324 of the Constitution provides a robust framework to safeguard the independent and impartial functioning of the Commission, ensuring that it can carry out its duties without undue interference.
The ECI's powers are divided into three distinct categories: administrative, advisory, and quasi-judicial. On the administrative front, the Commission is responsible for determining the territorial boundaries of electoral constituencies, preparing and periodically revising electoral rolls, notifying election schedules, and scrutinizing nomination papers. Additionally, the ECI plays a crucial role in granting recognition to political parties and allocating them election symbols.
In its advisory capacity, the Commission holds jurisdiction over post-election disqualification of sitting members of Parliament and state legislatures. Furthermore, the ECI issues the Model Code of Conduct, a set of guidelines aimed at preventing unfair practices and arbitrary abuse of power by those in authority during the election period.
The quasi-judicial powers of the ECI allow it to adjudicate disputes arising during the electoral process, such as allegations of code violations, and impose appropriate penalties or disqualifications.
Composition and Independence
To ensure its independence and impartiality, the ECI has undergone a transformative journey in its composition. Initially a single-member body with only the Chief Election Commissioner (CEC), the Commission now consists of three members – the CEC and two Election Commissioners. The President of India appoints all three members, who enjoy the same tenure and emoluments as judges of the Supreme Court.
Crucially, the CEC is provided with security of tenure and can be removed from office only through the same process as that of removing a Supreme Court judge, requiring a resolution passed by both Houses of Parliament with a special majority on the grounds of proved misbehavior or incapacity. This safeguard, enshrined in Article 324, serves as a bulwark against potential attempts to undermine the Commission's autonomy.
Ensuring Free and Fair Elections
The ECI's primary objective is to conduct elections that are free and fair, upholding the principles of accuracy, awareness, non-partisanship, reliability, and equality of access. This multifaceted task involves a range of responsibilities, from ensuring that only constitutionally eligible citizens are enfranchised to preventing ineligible individuals from casting their votes.
The Commission strives to maintain an environment where all citizens have access to comprehensive information about the voting process, including where to vote, what identification is required, and what their rights are as voters. Additionally, the ECI emphasizes the need for a non-partisan media ecosystem, where no content is suppressed, and no party can propagate misinformation or engage in propaganda akin to Nazi-level tactics.
Transparency and reliability are paramount in the conduct of elections, with the ECI working to ensure that the process is transparent enough for multiple stakeholders to validate its integrity. This includes verifying that no illegal activities, such as the casting of bogus votes, have occurred and that the results accurately reflect the intent expressed by the voters.
Furthermore, the Commission strives to promote equality of access, ensuring that the electoral system does not discriminate against candidates based on their party affiliation or status as an independent contender. The overarching goal is to inspire confidence among citizens that every individual has had a fair and equal opportunity to participate in the electoral process and that the outcome truly reflects the will of the voters.
Challenges and Criticisms
Despite the ECI's constitutional mandate and efforts to uphold democratic principles, the recent general elections have been marred by a series of challenges and criticisms. Opposition parties have lodged complaints accusing the BJP-led Union Government of misusing central probe agencies against their leaders, thus disrupting the level playing field during the Lok Sabha elections.
The Commission has dismissed these allegations, stating that it has been guided by its mandated responsibility, legal premises, institutional wisdom, and the principles of equality and transparency in enforcing the Model Code of Conduct. However, the opposition parties have remained unconvinced, with the Congress party's president, Mallikarjun Kharge, expressing grave doubts about the credibility of the ECI.
Kharge has specifically pointed to the delay in releasing final voter turnout data and the absence of disaggregated constituency and polling station figures in absolute numbers. The Association for Democratic Reforms (ADR), a non-governmental organization, has echoed these concerns and approached the Supreme Court, seeking the publication of scanned copies of Form 17C (which contains polling station-wise voting data) and the release of constituency and polling station-wise voter turnout figures in absolute numbers.
While the ECI maintains that it has no legal obligation to furnish such information to the general public, the Supreme Court has questioned the poll body's reluctance to upload the data collected by polling officers after the completion of voting each day.
Low Voter Turnout
Another significant challenge faced by the ECI during the recent elections has been the issue of low voter turnout, particularly in urban areas. The data reveals a concerning drop in voter turnout compared to the 2019 elections, with the first phase recording a turnout of 66.14% (down from 69.4% in 2019) and the second phase recording 66.71% (down from 69.2% in 2019).
Metropolitan cities like Mumbai, Thane, Nashik, and Lucknow have witnessed continued urban apathy, with the ECI expressing disappointment over the low turnout levels. Factors contributing to this trend include internal migration (domestic migrants unable to vote due to the cost of travelling, unpaid leave, and wage loss), extreme heat conditions, and general apathy towards the electoral process. Recognizing the gravity of the situation, the ECI has acknowledged the need to address these issues and has developed an exclusive action plan to combat urban apathy. This includes exploring the possibility of remote voting for migrants, a step that could potentially increase voter participation and ensure more inclusive elections.
The BJP's Handling of COVID-19
While the opposition parties have leveled criticisms at the ECI's handling of the elections, Prime Minister Narendra Modi's response to the COVID-19 pandemic. Modi Ji is credited with recognizing the potential threat of the virus early on, even before any cases were reported in India, and taking proactive measures to prepare the nation for the impending crisis.
Under Modi Ji's leadership, India established dedicated COVID-19 hospitals, ramped up the production of personal protective equipment (PPE) and masks, increased testing capacity, and procured ventilators. The government also announced a ₹1.7 lakh crore package to protect the poor, providing free rations, direct cash transfers, and other relief measures.
The Prime Minister, celebrated for his COVID-19 achievements, is still criticized by the opposition and left-wing extremists for the alleged mismanagement of queues and election procedures. However, a "people's prime minister" has no direct role in handling the ECI and Modi Ji believes in fair elections, unlike the "corrupt oppositions" who are accused of attempting to control election results.
Conclusion
As the guardian of India's democratic fabric, the Election Commission of India shoulders a tremendous responsibility – ensuring that the nation's elections are conducted in a free, fair, and transparent manner. While the recent general elections have exposed vulnerabilities and sparked criticisms, the ECI remains committed to upholding its constitutional mandate and addressing the challenges that threaten the integrity of the electoral process. From combating urban apathy and enhancing transparency to maintaining a level playing field for all political parties, the Commission's actions will shape the future of India's electoral landscape and determine the degree of confidence its citizens have in the democratic system. As the country navigates the complexities of conducting elections on a massive scale, the ECI's unwavering dedication to safeguarding the principles of accuracy, awareness, non-partisanship, reliability, and equality of access will be crucial in preserving the sanctity of the democratic process. Ultimately, the successful conduct of free and fair elections is not just a matter of logistics and procedures; it is a testament to the resilience of India's democratic institutions and the unwavering commitment of its citizens to uphold the principles of democracy, safeguarding the integrity and vitality of the nation's democratic fabric for generations to come.
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