A good electoral system is,
therefore, the bed rock of genuine representative government. The architects of
the Indian constitution attached the highest significance to arzon-dependent
electoral machinery for the conduct of elections.
For this it was necessary that an
independent election commission with its vast paraphernalia should be set-up in
country such a commission could ensure fair and free elections of the
representatives of the pie at all levels.
Articles 324, Dr. Ambedkar
contended, "proposed centralise the election machinery in hands of a
single commission, be assisted by regional commissioners working under the
supervision direction control of the election commission and not and under e
control of the state government as envisaged earlier."
Composition
of the Election Commission:
Of the four pillars of the Indian
constitution, the Election commission is one, the other three being the Supreme
Court, the public service commission and the comptroller and Auditor General of
India.
On the Election commission depends
the integrity of election, which truly is the oxygen of democracy. Thus viewed,
its independence d impartiality assume critical importance to the country's
entire political system.
To ensure free and fair and
impartial elections, the constitution establishes the Election Commission, a
body autonomous in character and free from political orenecutive influence. The
commission is an All India body having jurisdiction over, elections to
parliament, fate Legislatures, offices of the president and vice-president.
The Election Commission consists of
the Chief Election Commissioner, and such number of Election Commissioners if
any as the president may fix from time to time.
The Chief Election Commissioner
stands at the apex of the hierarchy of the Election Commission of India. All
these commissioners are appointed by the president subject to the provisions of
any law enacted by parliament for the purpose.
The Chief Election Commissioner acts
as the chairman of the Election Commission in case any other Election
Commissioner besides him is appointed.
The tenure of the Chief Election
Commissioner is independent of the executive discretion, for he cannot be
removed from his of face except in the like manner and on the like grounds as a
judge of the Supreme Court. The conditions of service of the Chief Election
Commissioner cannot be varied to his disadvantage after his appointment.
The president also promulgated an
ordinance amending the Chief Election Commissioner and other Election
Commissioner Act providing for unanimous transaction of business and decisions
but in case of differences of opinion among the three members the matter shall
be decided "according to the opinion of the majority."
The Chief Election Commissioner and
other Election Commissioner Act, 1991 as existed before the issue of ordinance
was weighed in favour of the chief election commissioner on decision making in
case of differences among the members of the commission.
The constitution provides for a
single member or multimember Election Commission. Where there is more than one
I members the CEC acts as its chairman.
The committee on Electoral Reforms
has made certain recommendations with regard to the items and conditions of
service Of the Chief Election Commissioner and the other Election
Commissioners. After having studied those recommendations the chief Election
Commissioners of India conditions of service rules 1972 were amended with
introspective, effect from 1st January 1986.
The Chief Election Commissioner of
India will not be entitled to the salary and other facilities, like rent free
accommodation, equivalery to that of a judge of Supreme Court. The term of his
office has also been extended upto 6 years, from the date he assumes office or
till the day he at his the age of 65 years.
To assist the Chief Election
Commissioner in the performance of his onerous duties there exists large
paraphernalia of the officers and the staff subordinate to him. Among them is
the regional commissioner. Deputy Election Commissioner, secretary, Under
secretary, Research officers etc.
In the place of the regional
commissioners a new post of Deputy Election Commissioner was created in the
Election Commission for the first time in 1956. Since he Deputy Chief Election
Commissioner is appointed by the president and is usually sent on deputation,
he can be recalled by the central govt, at the request of the chief Election
Commissioner at any time.
At the state or the union territory
level there is the Chief Election officer as the kingpin in the Electoral
machinery. He is nominated by the Election Commission in consultation with the
state Govt. He is usually a senior executive or judicial officer of the state
Government.
He is assisted by the joint deputy
or assistant Chief Election officers as well as the rest of the staff appointed
by him in consultation with the state government. He may be a whole time or
part time officer.
At the district level the electoral
duties are discharged by the District officer or the Executive Officer in
addition to his normal administrative routine.
The responsibility for the
preparation and revision of electoral rolls is rested in an officer called the
Electoral Registration officer. He may have under him Assistant Electoral Registration
officers.
The election in every constituency
is supervised by an officer known as the returning officer nominated by the
Election commission in consultation with the govt, of the state.
The same officer can be nominated as
returning officer r more than one constituencies. He is assisted by one or more
assistant Returning Officers so designated by the Election Commission.
The staff consisting of presiding
and polling officers, for the actual conduct of the poll is appointed by the
District Election officer.
The District Election Officer may
appoint a presiding officer for each polling station and such polling officers
are necessary. The presiding officer keeps order of the pooling station and
ensures the fair conduct of the poll.
Functions
and powers of the Election Commission:
The Election Commission of India has
to perform multifarious duties assigned to it under the constitution. Some of
the principal functions of the commission are:
(1)
Demarcation of constituencies:
To facilitate the process of
elections a country has to be divided into several constituencies. The task of
delimiting constituencies is generally performed by a delimitation commission.
But the power to delimit parliamentary and assembly constituencies for the
first general elections in 1951 was conferred on the president.
The Election Commission distributed
the seats district wise in each one of the states and directed the Chief
Electoral Officers to prepare proposals for the physical demarcation of
constituencies according to the prescribed criteria.
The procedure adopted in the
delimitation of constituencies in 1951 led to a virtual power in the hands of
the ruling party to decide the contours of the constituencies as it suited its
designs.
The association of parliamentary
Advisory committees with the delimitation commission gave top priority to
political consideration. The Election Commission strongly pleaded for taking
away this power from the parliament.
The Delimitation commission was to
consist of three members, two of whom were to be nominated by the president
from serving or retired judges of the Supreme Court or High Courts while the
Chief Election Commissioner was to be an ex-officio member.
(2)
Electoral Rolls:
The second important but tedious
function of the Election Commission is to prepare for identification the upto
date list of all the persons who are entitled for voting at the poll.
(3)
Recognition of political parties and Allotment of Symbols:
A new part IV A has been added to
the representation of the people Amendment Act, 1951 on registration of
political parties.
Section 29 A now inserted provides
for registration with the commission, of associations and bodies of individual
citizens of India as political parties for purpose of this Act. This provision
came into force from June 15, 1989. A recognised political party has been
classified either as a National Party or a state party under paragraph 7 of the
Elections symbol order 1968.
Another important function of the
Election Commissioner is to allot symbols to the political parties and the
candidates, and also to accord recognition to the political parties. The
commission has specified certain symbols as reserved and others as free.
The reserved symbols are only
available for candidates sponsored by the political parties and the free
symbols are equally available to other candidates.
The Election Commission has power to
adjudicate upon disputes with regard to recognition of political parties and
rival claims to a particular symbol for the purposes of elections.
(4)
Scrutiny of the Nomination Papers:
Another function of the Election
Commission is to examine the nomination papers of the candidates. These papers
are accepted if found in order, but rejected otherwise. This duty is performed
by the returning officer who notifies to all the contesting candidates the
date, time and place for the formal scrutiny of nomination papers.
The Returning officer summarily but
judicially examines all the nomination papers and decides the objection raised.
He is also to see whether the requisite requirements of security deposit,
election symbol, election agent etc. have also been fulfilled.
He is empowered to reject the
nomination papers either by upholding the objection raised by a rival candidate
or on his own motion or any of the following (a) that the candidate either is
not qualified or is disqualified to fill the seat under any of the relevant
constitutional provisions viz. Articles 84. 102, 173 and 191 (b) that the
provision of sections 33 and 34 of the representation of the people's Act 1951
have not been complied with and (c) that the signature of the candidate or the
proposer on the nomination or papers is not genuine.
(5)
The conduct of the poll:
Another stupendous task that the
Election Commission has to undertake is the conduct of the poll throughout the
whole of India. In a parliamentary constituency, the returning officer is to
make suitable arrangements for conducting the poll with the prior approval of
the Election Commission.
The commission can order a Ripoll
for the whole constituency under compulsion of circumstances. Articles 324
confers on the Election Commission necessary powers to conduct the elections
including the power to countermand the poll in a constituency and ordering a
fresh poll there in because of hooliganism and break down of law and order at
the line of polling or counting of votes.
(6)
Election Expenses:
Another most controversial function
that the election commission has perform is no scrutinize the accounts of
election expenses submitted by contestants in elections. In India every
contesting candidate is required to maintain and file the accounts of his
election expenses.
Within a prescribed period after
publication of the result of his election within 10 days from the last date of
filing the returns the Returning Officer submits to the Election Commission a
list of all the candidates and their agents together with their returns as also
his observation in respect of candidates who have failed to lodge returns in
the specified time and a accordance with the procedure prescribed by law.
The commission scrutinizes the
accounts and dudes whether the returns are in proper form and whether they have
been lodged in time. In case of default it notifies the candidates or their
agents of there disqualification by publishing these in the official Gazette.
Role
of the Election Commission:
Election is the contrivance through
which a modern state creates amongst its citizens a sense of involvement and
participation in public affairs. It is through popular elections that the
authority of a government, is clouted with legitimacy and peaceful and orderly
transfer of authority to new leaders is ensured.
For this it was necessary than an
independent Election Commission with its vast paraphernalia should be set up in
the country. Such a commission would ensure fair and free election of the
representatives of the people at all levels.
According to L.K. Advani, "The
Election Commission occupies a pivotal place in the scheme of the Indian
constitution. During recent years it has willingly or unwillingly abdicated its
independent Supra governmental authority and accepted for itself the role of a
mere official department charged with the conduct of elections."
The relations between CES and the
central and state Governments are not cordial. The confrontation and the
ensuing embarrassment for the Governments as a result of the ruling given by
Chief Election Commissioner J.N. Seshan have only been increasing.
With a critical evaluation of the
working of the Election Commission of India so far as we can now infer that:
Firstly, the working of the Elections Commission of India during the last four
decades has shown that the Election Commission worked independently and
impartially, as well as efficiently.
Secondly, the Election Commission
has fulfilled all the constitutional obligations, and has never tried to go
beyond or over step the limits of the constitution. It always worked within the
frame work of the constitution.
Thirdly, when the Election Commission
conducted the first General Election in 1951-52 the electorates were just 17
million but the present strength of the electorate is about 50 crores. The commission
has however been able to cope with its ever mounting responsibilities. It has
the capacity to meet new challenges and faced the situation boldly.
Fourthly, although the faith of the
people in democracy, its institutions and political parties has eroded but
their faith in the Election Commission has all the more strengthened or
fortified.
According to the Election
Commission, the very fact that in almost all states the rulling parties have
suffer setbacks shows that the elections have been free and fair.
It has given the lie to the wide
spread belief that the party in power will use official machinery and influence
the voters in its favour.
