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Election Commission of India

Election Commission of India

  • The Election Commission of India (ECI) is an autonomous constitutional body responsible for conducting free and fair elections in India.
  • The administration of India's Union and State elections is the purview of the Election Commission of India, an independent constitutional body.
  • The organization oversees elections for the President and Vice President of India and the Lok Sabha, Rajya Sabha, and State Legislative Assemblies.

What constitutional provisions are relevant to this?

  • Part XV of the Indian Constitution addresses elections and establishes a commission to deal with these issues.
  • In accordance with the Constitution, the Election Commission was established on January 25, 1950.
  • The Constitution's Articles 324 to 329 deal with the Commission's and the member's authority, function, tenure, eligibility, etc.
  • One of the essential tools employed by the ECI to ensure a level playing field for all political parties and candidates is the Model Code of Conduct (MCC).

What are ECI's Primary Purposes?

  • The entire election process for India's President and Vice-President, as well as the Parliament and Legislature of each State, is supervised, directed, and controlled by the Superintendents of the Election Commission of India.
  • The Commission's primary responsibility is setting the election dates for the timely and periodic conduct of general or bye-elections.
  • Additionally, it creates electronic photo identity cards (EPIC) and electoral rolls.
  • It makes decisions regarding the placement of polling places, the distribution of voters among them, the location of counting centres, the preparations to be made in and around polling places and counting centres, and all related issues.
  • Along with recognizing political parties and assigning them election symbols, it also resolves conflicts about them.
  • Additionally, the Commission has advisory authority over the post-election disqualification of lawmakers and members of the state legislature who are currently in office.
  • In order to prevent unfair practices or arbitrary power abuse by those in authority, it issues the Model Code of Conduct for political parties and candidates during elections.
  • For all political parties, it establishes and regulates spending caps on each candidate's campaign.

What is ECI's significance to India?

  • Since 1952, the ECI has successfully run both national and state elections. To ensure greater public participation, the Commission has recently taken a more active role.
  • If political parties fail to uphold inner-party democracy, the Commission has gone so far as to threaten them with de-recognition.
  • In overseeing, directing, and controlling electoral governance, it upholds the values enshrined in the Constitution: equality, equity, impartiality, independence, and the rule of law.
  • Elections are conducted in accordance with the highest standards of professionalism, independence, accountability, fairness, and transparency.
  • It ensures that all eligible citizens participate in the electoral process in a welcoming and inclusive environment focused on voters' needs.
  • In the interest of the electoral process, it interacts with political parties and all stakeholders.
  • It raises confidence and trust in the nation's electoral system by increasing and strengthening awareness of the electoral process and governance among key stakeholders, including voters, political parties, election officials, candidates, and the general public.

Model Code of Conduct (MCC)

  • The MCC is a set of guidelines that regulate the conduct of political parties and candidates during elections. 
  • It lays down norms for behaviour in areas such as rallies, speeches, polling booths, and election manifestos. 
  • The MCC has evolved over the years in response to India's changing political and electoral landscape.

Role of the ECI

  • The role of the ECI in relation to the MCC has become increasingly important due to the increasing use of social media and technology in election campaigning. 
  • The ECI has taken several steps to ensure that the MCC is enforced effectively in the digital realm. 
  • For example, it has issued guidelines for social media platforms and intermediaries to prevent the spread of fake news and hate speech during elections.
  • The ECI has also taken steps to strengthen the MCC through legal measures. 
  • In 2013, the Supreme Court of India directed the ECI to make the MCC legally binding, and the ECI subsequently issued a notification making it enforceable by law.
  • In addition to enforcing the MCC, the ECI also plays a crucial role in monitoring the conduct of political parties and candidates during elections. 
  • It has the power to issue notices and take action against those who violate the MCC, such as by filing FIRs or disqualifying candidates.

Overall, the role of the ECI in relation to the MCC is critical in ensuring free and fair elections in India. Its proactive measures to update and enforce the MCC in light of changing technology and political landscapes demonstrate its commitment to upholding democratic values and principles. 

Discuss the role of the Election Commission of India in light of the evolution of the Model Code of Conduct. (UPSC - Mains -2022).