| UPSC Relevance ● Prelims- Articles related to ECI → Article 324 to 329,Provisions ensuring independence and impartiality of ECI,Representation of the People Act, 1950 & 1951 → Conduct of elections, disqualifications, election disputes GS Paper 2 (Polity & Governance) Election Commission: powers, functions, limitations,Electoral reforms and credibility of democratic institutions,Article 324 and basic structure doctrine,Judicial review of ECI’s powers. Essay Paper “The credibility of democracy rests on the credibility of its elections.” |
Why in News?
Two major press conferences in August 2025 have put the Election Commission of India (ECI) in the spotlight.
● On August 7, Rahul Gandhi (LoP) alleged large-scale voter list manipulation in the Mahadevapura Assembly segment of Bengaluru during the 2024 Lok Sabha elections. He showed proof of voters with the same address, fake details like father’s name “xyz”, and house number “0”.
● On August 17, the Chief Election Commissioner (CEC) responded in a press conference, asking Rahul Gandhi to either file an affidavit with details or apologise to the nation.
This unusual reaction has raised concerns about ECI’s neutrality and the credibility of electoral rolls.
Background: Role of the Election Commission
● The Election Commission of India (ECI) is a constitutional body established under Article 324 of the Constitution.
● It is entrusted with the superintendence, direction, and control of elections to the Parliament, State Legislative Assemblies, and the offices of the President and Vice-President of India.
● Its primary mandate is to ensure free and fair elections, which the Supreme Court has recognised as part of the basic structure of the Constitution.
● The judiciary has further clarified that while Article 324 grants the ECI wide-ranging powers, these powers must be exercised in conformity with the Constitution and existing laws, preventing arbitrary or excessive use.
The Allegations: Manipulation of Voter Rolls
● Recently, the opposition (Rahul Gandhi’s team) alleged irregularities in electoral rolls, pointing out that nearly 80 voters were registered at the same address — a clear violation of electoral norms.
● As per law, a person can be included in the voter list only if they are an “ordinary resident” of that address, meaning they permanently reside there.
● Wrongful inclusion of names creates scope for bogus voting and undermines public trust in free and fair elections.
The Problem
● The Representation of the People Act, 1950 clearly lays down procedures for the preparation and revision of electoral rolls, usually conducted annually or before elections.
● However, once elections are over, there is no robust legal mechanism to investigate or rectify allegations of voter list manipulation.
● This gap makes it difficult to address grievances raised after polling, raising concerns about the credibility of the electoral process.
The Bihar Case: Special Intensive Revision (SIR)
● Ahead of the upcoming Assembly elections, Bihar undertook a Special Intensive Revision (SIR) of voter lists.
● However, the term “SIR” has no legal basis. Under the Representation of the People Act, 1950, only two types of revisions are recognised:
○ Intensive Revision (conducted in January for the entire roll), and
○ Special Revision (conducted in specific areas under special circumstances).
Legal Irregularities
● Bihar’s “SIR” used July 1 as the qualifying date, violating Section 14(b) of the RPA, 1950, which fixes January 1 as the cut-off.
● An intensive revision requires officials to visit every household and prepare a fresh roll (Rule 8, Registration of Electors Rules, 1960). Conducting such a large exercise across the entire State in just one month was impractical.
Consequences
● The flawed exercise led to the deletion of around 65 lakh voters, triggering widespread chaos.
● The Supreme Court intervened, directing the ECI to publish both the names and reasons for deletions, thereby enforcing greater transparency and accountability in the process.
Limits of ECI’s Powers
● The Election Commission of India (ECI) is a powerful constitutional authority, but it is not above the Constitution or the law. In India, no institution enjoys absolute or unchecked powers.
● In the landmark case A.C. Jose vs. Sivan Pillai (1984), Justice Fazal Ali cautioned that granting the ECI unlimited authority could be dangerous. If the Commission ever acted with bias or arbitrariness, it could create political havoc and pose a direct threat to democracy.
● Therefore, while the ECI enjoys wide-ranging powers under Article 324, it must always:
○ Act within constitutional and legal limits,
○ Maintain political neutrality, and
○ Avoid unnecessary confrontations with political parties.
The balance lies in ensuring that the ECI remains a neutral arbiter of elections, exercising its powers firmly but always within the boundaries of law and fairness.
Key Issues
● Trust in Electoral Rolls: Allegations of manipulation or large-scale deletions undermine public confidence in elections, striking at the very root of democracy.
● ECI’s Neutrality: When the Election Commission engages in political arguments or appears partisan, it risks losing its credibility as an impartial constitutional body.
● Legal Loopholes: The Representation of the People Act, 1950 lacks a robust mechanism to deal with post-election complaints regarding electoral rolls, leaving gaps in accountability.
● Judicial Oversight: Courts frequently have to intervene to correct irregularities, highlighting both the importance of judicial checks and the institutional weaknesses of the ECI.
Way Forward
To strengthen electoral integrity and restore public confidence, a set of institutional and legal reforms is urgently needed:
● Better Voter Roll Management: Deploy Aadhaar-linked verification and digital technologies to eliminate fake or duplicate entries, while ensuring strong privacy safeguards.
● Reform in ECI Appointments: Adopt a collegium system (as recommended by the Supreme Court) for appointing Election Commissioners, ensuring greater independence and transparency.
● Update Election Laws: Amend the Representation of the People Act, 1950 to provide a mechanism for post-election complaints regarding voter rolls, filling the current legal vacuum.
● More Transparency: Mandate the ECI to publish reasons for voter deletions, maintain publicly accessible databases, and encourage citizen audits of electoral rolls.
● Focus on Neutrality: The ECI must function strictly as a neutral referee, avoiding political controversies and focusing solely on ensuring free and fair elections.
Implementing these reforms can make elections more inclusive, transparent, and credible, preserving the sanctity of India’s democratic process.
Conclusion
The ECI is a guardian of democracy, but its authority is limited by the Constitution and law. By issuing ultimatums or engaging in political fights, it risks losing public trust.
Its focus should remain on clean voter lists, fair processes, and impartiality. Only then can India’s elections remain truly free and fair, and democracy remain strong.
UPSC Prelims Practice Questions
Q1. Consider the following statements about the Election Commission of India (ECI):
1. The ECI is a constitutional body established under Article 324 of the Constitution.
2. The Commission consists of the Chief Election Commissioner (CEC) and two Election Commissioners, as mandated by the Constitution.
3. The ECI is responsible for conducting elections to the Parliament, State Legislatures, the offices of President and Vice President of India.
Which of the statements given above is/are correct?
A) 1 and 2 only
B) 1 and 3 only
C) 2 and 3 only
D) 1, 2 and 3
Answer: B) 1 and 3 only
(Explanation: The Constitution only provides for the CEC under Article 324. The number of Election Commissioners is decided by the President through law, not fixed in the Constitution.)
Q2. Which of the following ensures the independence of the Election Commission of India?
1. Security of tenure for the Chief Election Commissioner.
2. Removal of the Chief Election Commissioner is similar to that of a Supreme Court Judge.
3. Salaries and allowances of the Chief Election Commissioner and Election Commissioners are charged on the Consolidated Fund of India.
Select the correct answer using the code below:
A) 1 and 2 only
B) 2 and 3 only
C) 1 and 3 only
D) 1, 2 and 3
Answer: D) 1, 2 and 3
(Explanation: All three are safeguards provided under the Constitution to maintain independence of the ECI.)
UPSC Mains Practice Question
Q. “The Constitution and the Representation of the People Act, 1951 act as the ring fence for the Election Commission of India, ensuring its independence and accountability.” Discuss the significance of this constitutional ring-fence, challenges faced by the ECI in maintaining neutrality, and reforms needed to strengthen India’s electoral democracy. (250 words)
SOURCE- THE HINDU
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