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.
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