| Introduction: Contextual Introduction Body: What are the challenges and reforms required to ensure ECI impartiality and efficacy? Conclusion: Way forward |
The Election Commission of India (ECI) established under Article 324 has been instrumental in ensuring free and fair elections, a cornerstone of India’s democracy.
Challenges Faced by the ECI
- Structural Issues: The Act governing the procedure and service conditions of Election Commissioners (2023) lacks sufficient safeguards. The partial protection for the Chief Election Commissioner (CEC) and the absence of similar protection for other Election Commissioners leave them vulnerable to executive influence. A partisan collegium for the appointment of Election Commissioners raises doubts about neutrality.
- Operational Concerns: The unchecked use of black money and criminalization of politics undermines democratic integrity. In the 2024 Lok Sabha elections, 46% of members had criminal cases, and 93% were crorepatis. Political defections persist, with the Anti-Defection Law proving ineffective against horse-trading. Gender imbalance in political representation remains significant, despite improvements in voter turnout and electoral rolls.
Proposed Reforms
- Structural Reforms
- Appointment Process: Introduce a non-partisan and transparent mechanism for appointing Election Commissioners, ensuring their independence from executive influence.
- Tenure Protection: Provide all Election Commissioners with protection from arbitrary removal, similar to the Chief Election Commissioner.
- Enhanced Autonomy: Strengthen ECI’s financial independence by delinking its budget from the Ministry of Law and Justice.
- Operational Reforms
- State Funding of Political Parties: Establish a National Election Fund for tax-free donations, audited independently, and allocated based on electoral performance to curb reliance on private funding.
- Expenditure Regulation: Impose a ceiling on political parties’ election expenditures, similar to candidate limits.
- Strengthening Gender Representation: Ensure effective implementation of the 33% reservation for women in Lok Sabha and Vidhan Sabhas by 2029.
- Legislative Measures
- Amend Anti-Defection Law: Tighten provisions to address the evolving nature of political defections and horse-trading.
- Criminalization of Politics: Bar candidates with serious criminal charges from contesting elections until acquitted.
Conclusion
The Election Commission of India has demonstrated remarkable resilience in upholding democratic values. Only through comprehensive reforms can India ensure that its elections remain a true reflection of the will of its people.
