Election Commission in India – Its Independence, Impartiality and Flaws

For democracy to be meaningful and just, it is important that the election system is impartial and transparent. Several efforts have been made in India to ensure the free and fair election system and process. The most important among these is the creation of an independent Election Commission to ‘supervise and conduct’ elections.

Constitutional Provisions

Article 324 of the Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Election Commission:

1. The chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court. Thus, he does not hold his office till the pleasure of the
2. President, though he is appointed by him.
   The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.
3. Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the CEC. This provision is meant as a shield to protect other ECs.

Flaws
Though the constitution has sought to safeguard and ensure the independence and impartiality of the Election Commission, some flaws can be noted, viz,

1. Constitutional protection to only 1 member. The ECs can be removed by the government on recommendation of the CEC.
2. ECs budget is not charged on the Consolidated Fund of India.
3. The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission.
4. The Constitution has not specified the term of the members of the Election Commission.
5. No bar on retiring election commissioners from any further appointment by the government.
6. They are appointed by the President of India on the advice of the Council of Ministers. It is therefore possible for a ruling party to appoint a partisan person to the Commission who might favour them in the elections.

Broad based consultation in appointment of ECs through transparent mechanism should be instituted. Election Commission should be given financial independence from the law ministry. Also, its residual powers to take action in case there is no legislation should be made explicit.

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