UNIVERSITY OF CALCUTTA

[SURENDRANATH LAW COLLEGE]

NAME OF THE EXAM – INTERNAL ASSESSMENT

SEMESTER – 4th

NAME – GOLAM GOUS

SUBJECT –Pol Science

COLLEGE ROLL NO - 26

TOPIC – The Election Commission of India: Role, Composition

and Functions
REGISTRATION NUMBER – L02-1111-0033-22

UNIVERSITY ROLL NO – L02/LLB/221175

SESSION –2024-2025

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Assignment

The Election Commission of India: Role,

Composition and Functions

Submitted To:

Dr. Ankita Ganguly

Department of Law
Surendranath Law College

Submitted By:
Golam Gous
B.A. LL.B
Roll No: 26

Date:

20/09/2025

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Acknowledgment

I would like to express my special thanks to my

teacher Dr. Ankita Ganguly, who gave me the
opportunity to do this wonderful project. Her
guidance and support helped me in completing this
project successfully. Through this assignment, I
came to know about the important aspects of the
Election Commission of India, its role, composition,
and functions. I am sincerely thankful for her
encouragement and valuable suggestions.

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 1. Introduction

Democracy is a system of governance where the

people themselves are the ultimate source of
authority. Elections are the most vital instrument in a
democracy, as they provide a way for citizens to
choose their representatives and participate in the
process of governance. For elections to be
meaningful, they must be free, fair, and impartial.
This requires a neutral authority to oversee the
process and ensure that neither the ruling party nor
any external force can manipulate the election
outcome.

The Election Commission of India (ECI) was

established for this very purpose. It is a
constitutional body that supervises and directs the
entire electoral process in the country. The framers
of the Constitution, mindful of the challenges of
conducting elections in such a vast and diverse
country, provided the ECI with autonomy, powers,
and responsibilities unmatched by many other
democracies. Today, the Election Commission
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stands as one of the most powerful electoral
institutions in the world.

2. Historical Evolution of the Election Commission

of India

The Election Commission was established on 25th

January 1950, a date now celebrated annually as
National Voters’ Day. Initially, it was a single-
member body with only a Chief Election
Commissioner. The first General Election to the Lok
Sabha and State Assemblies, held in 1951–52, was a
massive exercise involving over 173 million voters.

Over time, the electoral process expanded, and so

did the responsibilities of the Commission.
Recognizing the increasing workload, the
Government of India made the Election Commission
a multi-member body in 1989 by appointing two
additional Election Commissioners. However, this
arrangement was short-lived, and the Commission
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reverted to a single-member body in 1990. Finally,
in 1993, the structure of a three-member
Commission—comprising the Chief Election
Commissioner and two Election Commissioners—was
made permanent.

Since then, the Election Commission has played a

central role in preserving the democratic fabric of
the nation by conducting regular elections to
Parliament, State Legislatures, and the offices of
President and Vice-President.

3. Constitutional Provisions Regarding the Election

Commission

The Constitution of India provides a strong

foundation for the functioning of the Election
Commission. The key provisions are as follows:

Article 324: Vests the “superintendence, direction,

and control” of elections in the Election
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Commission.

Article 325: Provides for one general electoral roll

for every territorial constituency and prohibits
discrimination in electoral matters.

Article 326: Provides for elections on the basis of

adult suffrage. Every citizen of India who is 18 years
or above has the right to vote.

Article 327: Empowers Parliament to make

provisions relating to elections.

Article 328: Empowers State Legislatures to make

provisions relating to elections to State Legislatures.

Article 329: Bars the interference of courts in

electoral matters, except through election petitions.

Additionally, two key legislations supplement these

provisions:

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The Representation of People Act, 1950, which
deals with the allocation of seats, delimitation of
constituencies, and preparation of electoral rolls.

The Representation of People Act, 1951, which

deals with the actual conduct of elections,
qualifications and disqualifications of candidates,
and disputes regarding elections.

4. Composition of the Election Commission of India

The Election Commission today consists of:

1. Chief Election Commissioner (CEC)

2. Two other Election Commissioners

All three have equal powers, and decisions are
taken by majority vote. The President of India
appoints the Commissioners.

The Commission is supported by:

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Deputy Election Commissioners and Secretariat staff
at the central level.

Chief Electoral Officers at the state level.

District Election Officers and Returning Officers at

the constituency level.

This administrative machinery ensures the smooth

functioning of elections throughout the country.

5. Appointment, Tenure and Removal of Election

Commissioners

The Chief Election Commissioner and Election

Commissioners are appointed by the President of
India. They hold office for a term of six years or until
they attain the age of 65 years, whichever is earlier.

To maintain independence, the CEC cannot be

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removed except through a process similar to that of
removing a judge of the Supreme Court—by
Parliament on grounds of proved misbehavior or
incapacity. The other Election Commissioners can
be removed only on the recommendation of the
CEC.

This arrangement ensures that the Election

Commission is insulated from political pressure and
interference.

6. Role of the Election Commission in Indian

Democracy

The Election Commission plays a pivotal role in

strengthening democracy. Its major roles include:

Ensuring free and fair elections.

Acting as a watchdog of democracy.

Preventing misuse of government machinery by

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ruling parties.

Protecting the rights of voters and candidates.

Promoting voter participation through awareness

campaigns.

Without a strong Election Commission, the

democratic process in India would lose its
legitimacy.

7. Functions of the Election Commission

Conduct of Elections

The Commission conducts elections to the Lok

Sabha, Rajya Sabha, State Legislative Assemblies,
and the offices of the President and Vice-President.
This involves notifying the schedule, supervising
polling, counting of votes, and declaration of results.

Preparation of Electoral Rolls

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The Commission prepares, updates, and revises
electoral rolls to ensure that eligible citizens are
included and ineligible names are removed. Efforts
have been made to eliminate duplicate and bogus
entries.

Recognition of Political Parties and Allotment of

Symbols

Under the Election Symbols (Reservation and

Allotment) Order, 1968, the Commission grants
recognition to political parties as “national” or
“state” parties and allots symbols to them.

Election Expenditure Monitoring

The Commission prescribes limits on the

expenditure of candidates during elections. It
monitors election spending to curb the use of black
money.

Model Code of Conduct (MCC)

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The MCC is a set of guidelines issued to political
parties and candidates to ensure ethical
campaigning. It prohibits the misuse of official
machinery, bribery, hate speeches, and communal
appeals.

Voter Awareness and Participation

Through the SVEEP programme (Systematic Voters’

Education and Electoral Participation), the
Commission promotes voter awareness and
participation.

8. Powers of the Election Commission

The Election Commission enjoys both advisory and

quasi-judicial powers, including:

Power to direct and control elections.

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Power to cancel or countermand elections in cases
of malpractice.

Power to disqualify candidates for electoral

offences.

Advisory role to the President or Governor regarding

disqualification of members.

Power to regulate political parties and enforce

compliance with laws.

9. Election Commission and Judicial

Pronouncements

The judiciary has consistently upheld the

independence of the Election Commission. For
instance:

In Mohinder Singh Gill v. CEC (1978), the Supreme

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Court held that the Commission has wide powers to
ensure free and fair elections.

In PUCL v. Union of India (2003), the Court

recognized the right of voters to know the
background of candidates.

10. Case Laws Related to Election Commission

of India

Some landmark cases include:

S.S. Dhanoa v. Union of India (1991) – clarified

service conditions of Election Commissioners.

Mohinder Singh Gill v. Chief Election Commissioner

(1978) – expanded powers of ECI.
•
Union of India v. Association for Democratic
Reforms (2002) – candidate disclosure requirements.
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People’s Union for Civil Liberties v. Union of India
(2013) – introduction of NOTA.

11. Challenges before the Election Commission

Despite its constitutional position, the Commission

faces several challenges:

Money power: Excessive use of funds by parties and

candidates.

Muscle power: Intimidation of voters.

Criminalization of politics: Entry of candidates with

criminal records.
Media and fake news: Manipulation through social
media.

Political pressure: Attempts to undermine

independence.

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 12. Electoral Reforms Undertaken

Introduction of Electronic Voting Machines (EVMs)

and VVPATs.

Photo electoral rolls to avoid impersonation.

Introduction of NOTA option for voters.

Ban on exit polls during voting periods.

13. Electoral Reforms Needed in India

State funding of elections to curb money power.

Stronger action against criminal candidates.

Greater transparency in political funding.

Stricter regulation of digital campaigning and paid

news.
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Appointment of Commissioners through a bipartisan
mechanism.

14. Comparison of the Indian Election

Commission with Other Countries

USA: Federal Election Commission deals mainly

with campaign finance, not actual conduct of
elections.

UK: Electoral Commission regulates elections but is

less powerful.
India: Election Commission is unique as it controls
the entire electoral process, making it one of the
most powerful in the world.

15. Recent Developments and Use of

Technology in Elections

Online voter registration.

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Use of VVPATs for transparency.

Discussions on use of blockchain technology for

remote voting.

Greater digital outreach for voter awareness.

16. Critical Analysis of the Role of the Election

Commission

The Election Commission has largely maintained its

credibility as a neutral institution. However, critics
argue that its independence is sometimes
compromised due to the process of appointment of
Commissioners, which is controlled by the
government. To strengthen the Commission, reforms
in appointment and funding are necessary.

17. Conclusion
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The Election Commission of India is the backbone of
Indian democracy. By ensuring free and fair
elections, it preserves the trust of citizens in the
democratic process. While it has successfully
conducted elections over decades, new challenges
demand reforms and greater autonomy.
Strengthening the Commission is essential to
safeguard democracy for future generations.

18. References
The Constitution of India, 1950.

Representation of People Act, 1950 & 1951.

Basu, D.D., Introduction to the Constitution of India.

Election Commission of India official website

(eci.gov.in).
Relevant Supreme Court judgments and law
journals.
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