Structure:

• Introduction: Mention the articles related to EC. Also mention the importance of EC to ensure fair democracy.
• Body: List down the functions of EC. Provide the examples of recent events in which the dignity of the EC was in question.
• Conclusion: Based on your argument base your conclusion and also suggest the way forward.

Content:

Introduction:

The Election Commission is a permanent and an independent body established by the Constitution of India directly to ensure free and fair elections in the country. Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the election commission.

Body:

Functions of Election commission:

1. To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
2. To prepare and periodically revise electoral rolls and to register all eligible voters.
3. To notify the dates and schedules of elections and to scrutinize nomination papers.
4. To grant recognition to political parties and allot election symbols to them.
5. To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them.
6. To appoint officers for inquiring into disputes relating to electoral arrangements.
7. To determine the code of conduct to be observed by the parties and the candidates at the time of elections.
8. To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.
9. To advise the president on matters relating to the disqualifications of the members of Parliament.
10. To advise the governor on matters relating to the disqualifications of the members of state legislature.
11. To cancel polls in the event of rigging, booth capturing, violence and other irregularities.
12. To request the president or the governor for requisitioning the staff necessary for conducting elections.
13. To supervise the machinery of elections throughout the country to ensure free and fair elections.
14. To advise the president whether elections can be held in a state under president’s rule in order to extend the period of emergency after one year.
15. To register political parties for the purpose of elections and grant them the status of national or state parties on the basis of their poll performance.

Recent events:

• Launch of NaMo TV (along with Biopic and web series)without licence: Section 126 of the Representation of the People Act "prohibits" display of any "election matter" by means of "cinematograph, television or other similar apparatus", 48 hours before the hour fixed for conclusion of poll in a particular constituency.
  • This phase is called the 'silence period' as it allows a voter to make up his or her mind on whom to vote without being influenced by political campaigning.
  • Moreover, these free publicity campaign were not included in election expenditure.
  • Note that Section 126 is not applicable on the print media.
• Hate speech by various leaders like Mayawati, Yogi Adityanath were only barred after the intervention of Supreme Court.
  • Election commission in all the above cases contended that it is a toothless tiger.
  • Only after notice and advisory , it can take any action against any politician.
• Apart from many issues like sexist remarks by Azam Khan, transfer and appointment of Chief Electoral Officer, verifiable paper audit trail (VVPAT) audits, violations of the MCC,are raising a question over institutional autonomy of the Election Commission.

Analysis of the stand of Election Commission

In all the above cases Election commission was hesitant to take swift action.

• The assertion by the Election Commission in the Supreme Court that it is now aware of its powers after the court ordered the commission to act decisively against offenders, reduces the status of the poll panel to that of a minor in need of guardianship.
• It took less than 24 hours for the commission to change from intransigenceinto decisive action after the SC questioning.
• This means that the problem was not with the commission or its powers, but with those who were in charge of its affairs. The Constitution has given the commission all the powers that it requires for the smooth discharge of its responsibilities. The problem lies only in the exercise of such powers.

Reform:

• A collegium system of appointment (As suggested by Tarkunde Committee, 1975 and the Goswami Committee, 1990) should be considered.
  • This will weaken the influence of the government over the President's choice of Election Commissioners.
  • Additionally, removal of other two ECs does not require such process of impeachment and can be removed simply by the government in power, making them vulnerable, and affecting their ability to act independently. Thus they too should be given the same status and security as CEC.

Conclusion:

The EC has built itself an admirable track record of honesty and fairness, which are key to the electoral system. It is time to further reform the institution to ensure a level playing field which is the bedrock of democracy.

(Also mention issues like VVPAT, Use of Doordarshan by the ruling Government, Religious abuse by the political parties, Supreme Court directing EC to take action etc.)