ECI’s control over officials

Paper: GS-II, Subject: Polity, Topic: Institutions, Issues: Election Commission of India

Context:

The Election Commission of India (ECI) is in conflict with the West Bengal government over disciplining officials.

  • The state has declined to act against four officers accused of tampering with the electoral roll, arguing that since no election has been announced, the Model Code of Conduct is not in force.

Questions that the framers of the Constitution considered

  • The framers of the Indian Constitution recognized the importance of an independent Election Commission to ensure free and fair elections.
  • During the Constituent Assembly debates, Dr. B.R. Ambedkar emphasized that the Chief Election Commissioner should have the same protection as a Supreme Court judge, shielding election matters from executive interference.
Role and Evolution of the Election Commission of India: Election Commission of India is an independent constitutional body responsible for administering the free and fair election system and process of both the Union and State elections of India, in order to uphold the true spirit of democracy. Article 324 – 329, Part XV: deals with the powers, function, tenure, eligibility, etc. of the commission and the members. Article 324: provides for an independent Election Commission for the ‘superintendence, direction and control of the electoral roll and conduct of the elections’ in India.

8 Amendments: ECI formally given power over officials:

  • Nearly four decades later, Parliament formalized the Constituent Assembly’s intent through amendments to the Representation of the People Acts of 1950 and 1951.
  • Section 13CC of the amended 1950 Act stipulated that Chief Electoral Officers, District Election Officers, Electoral Registration Officers, and other officials working on electoral rolls would be “deemed to be on deputation to the Election Commission” and subject to its “control, superintendence and discipline” during that period.
  • Section 28A of the amended 1951 Act extended this principle to returning officers, presiding and polling officers, and even police personnel designated for election duty, covering the period from the election notification to the declaration of results.
ECI's Battle for Authority:

Election Commission of India: Key Functions, Duties and Challenges:

Election Commission of India: Key Functions, Duties and Challenges:

Conclusion:

The ongoing standoff with West Bengal highlights the need for greater cooperation between the ECI and state governments to uphold the integrity of the electoral process. The ECI must continue to assert its authority and utilize all available legal and administrative options to enforce its directives and ensure accountability among officials involved in election duties.

https://indianexpress.com/article/explained/who-controls-election-officials-ec-or-the-states-10199544

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