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Election Commission of India




โš–๏ธ Chapter 02 ยท Topic 03 ยท Constitutional Bodies

Election Commission of India

Article 324, Chief Election Commissioner, composition, functions, Model Code of Conduct, EVM/VVPAT โ€” complete notes.

๐Ÿ—ณ๏ธ Election Commission โ€” Overview

  • Established under Article 324 of the Constitution
  • Vested with the superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections to Parliament, State Legislatures, and the offices of President and Vice-President
  • Composition: Chief Election Commissioner (CEC) + Election Commissioners (currently 2 Election Commissioners)
  • CEC and Election Commissioners appointed by the President
  • Tenure: 6 years or 65 years of age, whichever is earlier
  • CEC can be removed only by impeachment โ€” same procedure as a Supreme Court judge (address by both Houses of Parliament)
  • Election Commissioners can be removed by the President on the recommendation of the CEC
  • Salary and service conditions of CEC cannot be varied to his disadvantage after appointment

๐Ÿ“‹ Functions of Election Commission

  • Conduct of elections to Lok Sabha, Rajya Sabha, State Legislative Assemblies and Councils
  • Conduct of elections to the offices of President and Vice-President
  • Preparation and revision of electoral rolls
  • Recognition of political parties and allotment of election symbols
  • Enforcement of the Model Code of Conduct
  • Setting the election schedule โ€” announcement of election dates
  • Monitoring election expenditure of candidates
  • Deciding disputes regarding recognition of political parties and symbols
  • Advising the President/Governor on disqualification of sitting members
โญ CEC Appointment โ€” 2023 Act: The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 changed the appointment process. Previously, the CEC and ECs were appointed by the President on the advice of the PM (no formal selection committee). Under the 2023 Act, a Selection Committee comprising the Prime Minister, a Cabinet Minister nominated by PM, and the Leader of Opposition in Lok Sabha recommends appointments. The Supreme Court had directed this change in Anoop Baranwal vs Union of India (2023).

๐Ÿ“‹ Model Code of Conduct (MCC)

  • A set of guidelines issued by the Election Commission to regulate the conduct of political parties and candidates during elections
  • Comes into force from the date of announcement of election schedule
  • Remains in force till the completion of the election process
  • Key provisions:
    • No use of government machinery, personnel, or resources for campaigning
    • No announcement of new schemes or policies that may influence voters
    • No hate speech or appeals on communal/caste lines
    • No bribery or inducement to voters
    • Ruling party cannot use its official position for campaign advantage
  • The MCC is not a statutory document โ€” it has no legal backing but is enforced by the Election Commission through its powers under Article 324

๐Ÿ–ฅ๏ธ EVM and VVPAT

  • EVM (Electronic Voting Machine) โ€” introduced in India in 1982 (Parur constituency, Kerala); used nationwide from 2004 general elections
  • EVMs consist of a Control Unit (with polling officer) and a Balloting Unit (with voter)
  • VVPAT (Voter Verifiable Paper Audit Trail) โ€” introduced in 2013; prints a paper slip showing the candidate voted for; voter can verify for 7 seconds before it drops into a sealed box
  • VVPAT used in all constituencies from 2019 general elections
  • EVMs are manufactured by BEL (Bharat Electronics Limited) and ECIL (Electronics Corporation of India Limited)
๐Ÿ“Œ First General Election: India’s first general election was held in 1951โ€“52. The first Chief Election Commissioner was Sukumar Sen. About 173 million voters participated. The election was conducted over several months (October 1951 to February 1952) due to the vast size of the country. The Indian National Congress won with a large majority. This was a remarkable achievement for a newly independent nation with high illiteracy.

โœ… Revision Checklist

โœ… Election Commission = Article 324 = CEC + 2 Election Commissioners
โœ… CEC tenure = 6 years or 65 years = removal by impeachment (same as SC judge)
โœ… Election Commissioners removed by President on recommendation of CEC
โœ… Functions = elections to Parliament + State Legislatures + President + VP
โœ… Model Code of Conduct = from election announcement to completion = not statutory
โœ… EVM = introduced 1982 (Kerala) = nationwide from 2004
โœ… VVPAT = introduced 2013 = all constituencies from 2019
โœ… First CEC = Sukumar Sen = first general election 1951โ€“52
โœ… CEC Appointment Act 2023 = Selection Committee = PM + Cabinet Minister + Leader of Opposition