Saturday 21 July 2012

Accountability of Election Commission vis-à-vis free and fair elections

Elections form the backbone of a democracy and the conduct of elections is a very strenuous activity. But for a successful democracy, it is essential that elections to various public posts are held in a very independent and free manner to ensure people’s faith in democracy.

Article 324 of the Constitution of India provides for an independent body of Election Commission to superintend, direct and control the preparation of electoral rolls to the conduct of all the elections in India. The election process starts from the preparation of electoral rolls and delimitation of constituencies and announcement of election schedule and ends when an elected candidate is returned. The Election Commission is made independent by the Constitution, to ensure that the elections held are free and fair. In Indira Nehru Gandhi v Raj Narain, the Apex Court had observed that free and fair elections are the basic structure of the Constitution.

The sanctity of the election process can be vitiated by various attempts of influencing the voter by means of bribery, appealing on religious grounds, publishing false statements, taking assistance of public servants, booth capturing, etc[1]. It is essential that the Election Commission works in an independent manner to ensure that the various electoral offences are avoided or if they occur then they are brought to notice and action is taken against those involved. The corrupt politicians can by wielding their muscle and money power turn the entire democratic process into a sham.

The various safeguards provided under the Constitution for ensuring that the Election Commission works independently without any fear or favor are the security of term and emoluments. The Chief Election Commissioner cannot be removed except by an impeachment proceeding in the same manner as that of a judge of Supreme Court and other election commissioners and regional commissioners cannot be removed without consulting the Chief Election Commissioner.[2] Further, the salaries of the Election Commissioners and their staff cannot be reduced during their term of office and is charged upon the Consolidated Fund of India.

The Election Commission along with the Supreme Court, the Comptroller and Auditor General and the Public Service Commission is the pillar of the Constitution. The independence of these bodies is essential to ensure that the Constitutional structure is able to stand and function. By making the election Commission accountable to any of the organs of the government will be striking at the very foundation of the democratic setup. The independence of the Election Commission is the very base of free and fair elections and a proper functioning democracy.



[1] Section 123 of the Representation of People Act, 1951 and Sections 171 A to 171 I of the Indian Penal Code, 1860
[2] Article 324(5)

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