Make an assessment of the role of the Election Commission of India in the conduct of free and fair elections.

Constitutional Basis and Powers of the ECI

The ECI derives its authority from Article 324 of the Constitution, which grants it the power to superintend, direct, and control the entire process of elections. The Representation of the People Act, 1950 and 1951, further define the ECI’s powers and functions. Initially a single-member body, it became a multi-member commission in 1989, comprising the Chief Election Commissioner (CEC) and two Election Commissioners (ECs). The CEC and ECs are appointed by the President, and their tenure is fixed, providing them with a degree of independence.

Functions of the ECI

• Preparation of Electoral Rolls: The ECI is responsible for registering voters and maintaining accurate electoral rolls.
• Delimitation of Constituencies: Periodically, the ECI redraws the boundaries of parliamentary and assembly constituencies based on population changes.
• Code of Conduct: The ECI enforces the Model Code of Conduct, a set of guidelines designed to ensure a level playing field for all political parties during elections.
• Recognition of Political Parties: The ECI grants recognition to political parties, which entitles them to certain privileges, such as reserved symbols.
• Conducting Elections: The ECI manages all aspects of the election process, from the filing of nominations to the declaration of results.
• Enforcement of Electoral Laws: The ECI has the power to take action against individuals or parties that violate electoral laws.

Evolution of the ECI and Landmark Reforms

Over the years, the ECI has implemented several reforms to enhance the integrity of the electoral process. Key milestones include:

Year	Reform	Impact
1996	Introduction of Photo Identity Cards (EPICs)	Reduced impersonation and improved voter authentication.
2004	Introduction of Electronic Voting Machines (EVMs)	Speeded up the counting process and reduced ballot paper wastage.
2016	Use of Voter Verifiable Paper Audit Trail (VVPAT)	Enhanced transparency and provided a physical record of votes cast.
2019	National Voter Services Portal (NVSP)	Facilitated online voter registration and other electoral services.

The T.N. Seshan era (1990-1995) is often considered a turning point, marked by a firm enforcement of the Model Code of Conduct and a crackdown on electoral malpractices.

Challenges Faced by the ECI

• Criminalization of Politics: The presence of individuals with criminal backgrounds in politics poses a significant challenge to the ECI’s efforts to ensure fair elections.
• Money Power: The excessive use of money in elections distorts the electoral process and undermines the principle of equal opportunity.
• Muscle Power and Violence: Intimidation and violence during elections can deter voters and compromise the integrity of the process.
• EVM Tampering Allegations: Despite numerous assurances and audits, allegations of EVM tampering continue to surface, eroding public trust.
• Social Media and Fake News: The proliferation of fake news and misinformation on social media platforms poses a new challenge to the ECI.
• Voter Apathy: Low voter turnout, particularly among youth and marginalized communities, remains a concern.

Recent Initiatives and Concerns

The ECI has taken several initiatives to address these challenges, including stricter enforcement of expenditure limits, enhanced security measures, and awareness campaigns to promote voter education. However, concerns remain regarding the ECI’s independence and its ability to effectively address the influence of money and muscle power. The appointment process of ECs has also come under scrutiny, with calls for a more transparent and institutionalized mechanism. The recent Supreme Court judgement on the appointment of ECs, establishing a collegium comprising the Prime Minister, Leader of Opposition and the CJI, is a significant step towards ensuring the ECI’s independence.