Election Commissioner of India

⭐ Election Commissioner of India is a constitutional functionary who is entrusted with the functions and provisions of Election Commission of India as stated in the Constitution of India.
The provision, appointment, functions, power and removal are mentioned in the Constitution under Article 324.

🌏 The Election Commission of India (ECI) is a constitutional body vested under Article 234 to 329 in Part XV.

🌏 There are three Election Commissioners of India. One Chief Election Commissioner & two Election Commissioners

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Selection and Appointment of Election Commissioner of India

🪐 The Constitution does not specify the qualification criteria and procedure to appoint the commissioner. However, it does state a clause wherein it mentions the capacity of the president to determine the tenure and appointment of a commissioner, in accordance to a law or provisions provided by the parliament of India.

🪐 Selection of the Chief Election Commissioner and two Election Commissioners are short-listed through a selection process by the Selection Committee comprising- The Prime Minister of India, a Union Minister (nominated by the PM) and the Leader of Opposition (LoP) of Lok Sabha.

🪐 Union Law Minister and two secretary level officials short-list six names for consideration by the committee.

🪐 The committee then further shortlists the prospect for the appointment of Chief Election Commissioner (CEC) and other commissioners and recommends the president for appointment, according to the provisions in the  Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Before the amended act, it was sole discretion of the president to appoint, with suggestions from the union law minister.

🪐 The clause 2 of the Article 324 of the Constitution of India mentions about the appointment and tenure of CEC and other commissioners by the President of India, subject to the provisions of a law made by the parliament on that behalf. Thus, the committee then suggests the prospects to the President of India for appointment.

🪐 The clause 3 mentions about “when any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission“.

🪐 The clause 4 mentions about “Before every general election to the Lok Sabha and the Legislative Assembly of each State, and before the first general election and each subsequent biennial election to a State’s Legislative Council (where it exists), the President, in consultation with the Election Commission, may appoint such Regional Commissioners as deemed necessary to assist the Commission”.

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Historical Background of Election Commissioner of India

🚀 Post independence, India became democratic republic and electoral system as was adopted to forming a government. In order to conduct an election in a country of big population then and form an electoral system, there was a requirement to form a single independent commission which would superintend, direct and control the conduct of elections to Parliament, State Legislatures, and the offices of the President and Vice President.

🚀 In the beginning, the Commission had only one commissioner, i.e., the Chief Election Commissioner (CEC) and it retained in that way for 40 years until 16 October 1989, when ECI became multi-member body by adding 2 more members. However, it short lived and withdrawn on January 1st, 1990, only to reinstate again on October 1st, 1993 through the provisions made under Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, which is being replaced by the 2023 Act. Since then, the ECI has 3 members in its body.

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Tenure and Remuneration of Election Commissioner of India

🌟 As mentioned before, the Constitution has no details about tenure and remuneration of Election Commissioners but vested the power to the President and provisions to be laid by the parliament.

🌟 The Chief Election Commissioner and other two Commissioners have equal powers and receive equal salary, allowance and other pre-requisites, same as to those of the judges of the Supreme Court, as mentioned under 1991 Act. However, 2023 act reduces the remuneration to Cabinet secretary level, though, it has not been imposed yet.

🌟 The tenure of a CEC to hold the office either for 6 years or till the age of 65, whichever is earlier.
For other 2 commissioners to either 6 years or 62 years of age, whichever is earlier.

🌟 The election commissioners, including CEC, are not eligible for further appointment or hold any office of profit, either under the Union or the States, post retirement.

🌟 The service condition of the Chief Election Commissioner shall not come to his disadvantage after his appointment.

🌟 It became a common practice to first appoint individuals as Election Commissioners, and after the Chief Election Commissioner’s term ended, the senior-most EC would be promoted to the role of CEC.

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Removal procedure of Election Commissioner of India

🚀 The Clause 5 of Article 324 mentions about the removal of Election commissioners and regional election commissioner, and states that, subject to the provision of law by the parliament, the tenure and service of the ECE and other commissioners may by rule be determined by the president. Thus, unless a law provided by the parliament, the president can determine the tenure and service of the commissioners.

🚀 However, the constitution mentions about the removal process of the Chief Election Commissioner (CEC) same as the provisions and grounds made for the judges of the Supreme Court, under Article 124 (4).
🚀 That is, grounds on proven misbehavior and incapacity.
and, removal on the basis of a resolution passed by both the houses with Special majority of 2/3rd present and voting (under article 368) and supported by an Absolute majority of more 50% of the total strength of each house.

🚀 Other Election Commissioners or a Regional Commissioners shall only be removed from office on the recommendation of the Chief Election Commissioner to the president.

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Functions, Powers and Duties of Election Commissioner of India

🔔 Functions:

1. Conducts elections to:

• Lok Sabha & Rajya Sabha
• State Legislative Assemblies & Legislative Councils
• President & Vice President of India

2. Prepares & updates electoral rolls.

3. Recognizes political parties and registers symbols to both a national party and a regional party. It can also promote, demote and de-register a party on certain qualifying grounds.

4. Enforces the Model Code of Conduct during elections.

5. Monitors election expenses of candidates.

6. Organizes by-elections when needed.

7. Promotes voter education & awareness.

8. Election commissioners of India also take part in Delimitation Commission as ex-officio members.

🔔 Power:

• Can issue orders, directions, and guidelines to ensure free and fair elections (People of Representation Act. (RPA) 1950).
• Can postpone or cancel elections in case of malpractice or violence.
• Can disqualify candidates for violating election laws (People of Representation Act, 1951).
• Judiciary cannot Interfere in the activities of ECI and election process (Article 329), unless a litigation or petition is filed only in case of malpractices, unfare means, breach of fundamental and constitutional rights, such as Right to vote, and disqualification of a candidate, etc.

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Achievments of ECI

🌟 ECI have been conducting of Free & Fair Elections successfully organized 18 Lok Sabha elections, with 66.33% voters turnout in the last LS election in 2024, and numerous state assembly, presidential, and local body polls since 1951–52.

🌟 Introduced Electronic Voting Machines (EVMs) nationwide in 2004, to conduct elections electronically instead of Ballot Papers for more transparency, eliminating booth capturing practices, also reduce cost in election process. Electronic Voting Machines (EVMs) were first used in India for the May 1982 by-elections to the Parur Assembly Constituency in Kerala. The Election Commission of India (ECI) used the machines on an experimental basis in 50 out of 84 polling stations in the constituency.
Section 61A was inserted into the Representation of the People Act, 1951 in December 1988, empowering the ECI to use EVMs. This amendment came into force on March 15, 1989.

🌟 Use of The Voter Verifiable Paper Audit Trail (VVPAT) with EVMs to varify the given vote by the voter.
A PIL was filed in Supreme Court in Subhramaniam Swami vs union of India, 2013 to introduce VVPAT for free and fair voting. The Supreme Court, in its October 2013, ruled in favor of VVPAT recognising it as an significant requirement for free and fair elections. The court specifically recommended the VVPAT system for enhanced transparency and voter confidence.
It was first used in India in 2013, in a by-election for the Noksen Assembly Constituency in Nagaland.
The Conduct of Election Rules, 1961 were amended on August 14, 2013, to introduce VVPATs alongside EVMs.

🌟 Online voter registration and cVIGIL for reporting violations through online and app. on Model Code of Conduct violations, and offer optional home voting for senior citizens and PwDs.

🌟 Systematic Voters’ Education and Electoral Participation (SVEEP) program to increase voter turnout and awareness. the ECI promotes voter education and awareness, contributing to increased and informed voter turnout.

🌟 Introduced NOTA (None Of The Above) in 2013 following a Supreme Court judgment in the PUCL vs. Union of India case. It based on the belief that voters should have the right to reject all candidates in an election while still maintaining the secrecy of their choice.

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Issues in ECI

🌟 In 2023, the Supreme Court in Anoop Barnwal vs Union of India upheld the validity of Dinesh Goswami committee (1990) and 225th Law Commission recommendation of including the position of Chief Justice of India (CJI) in the Selection Committee- which should include CJI along with Prime Minister and Leader of Opposition (LoP). The supreme Court stated that the selection process in not exclusive to Executive discretion but a low made by the parliament. However, the union government amended and enacted the 2023 Act to include a Union minister instead of CJI.

🌟 Recently in 2025, in Bihar ECI introduced Special Intensive Revision (SIR) to assess electoral roll. The Opposition is blaming ECI’s malpractice to remove voters to facilitate the ruling government to assure votes in upcoming Bihar legislative Assembly election. Opposition alleged that 65 lakh (6.5 million) voters have been removed, on which the Supreme Court asked the names of those removed to be published in the people.

🌟 In 2024 Maharastra Legislative Assembly election, the opposition blamed ECI for adding approximately adding 40 lakh (4 million) voters within 5 months after union election.

🌟 There have been allegation of having influenced by the ruling government due to financial dependency and appointment favoritism.

🌟 Use of malpractices such as exclusion or inclusion of voters from the electorates in favour of the ruling government. Non-transparency in preparing voter list.

🌟 Mistakes in the details in EPIC (voter card). Duplicate EPIC on same address or name.

🌟 Oppositions have also made allegations on rigging or tempering Electronic Voting Machine (EVM). However, no concrete evidences have been provided in support of the said allegations. As EVM machines are standalone systems, as per ECI, there is possible chance for tempering the machines, and all the election process takes place under full fairness and proper security.

🌟 Model Code of Conduct (MCC) violations often go unpunished beyond warnings or temporary bans.

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State Election Commission

🚀 A State Election Commission is solely responsible for conducting the duties of carrying election in Local governments in every state and Union Territory, such as Panchayats and Municipal bodies. It conducts all the 3 levels of Pachayati Raj System- Gram Panchayat at village level, Panchayat Samiti or Block Panchayat at Block/Tehsil level and Zila Panchayat at District level. Similarly, in Municipal body- Nagar Panchayat or City Council at Township, Municipality or Municipal council in smaller cities and Municipal Corporation in Metro cities (urban population is minimum of 5000 population or 1000 households with population density 400 people per sq. km and 75% engaged in non-agrarian activities).

🚀 It was established in each State and Union Territory of India, as mandated by the 73rd (Panchayat Raj) and 74th (Municipal governance) Amendments to the Constitution in 1992, under local governance.
The functions of State Election Commission is mentioned in Articles 243K (Panchayat) and 243ZA (Municipal) of the Indian Constitution.
State Governments provides funds, staff, and assistance to SECs for conducting elections.

🔔Function

🚀Every State and Union Territory has a State Election Commission which-

🌟Prepares and updates electoral rolls for local body elections. It uses the voter lists prepared by the ECI and modify them for local body wards.

🌟Schedules and conducts free and fair local elections.

🌟Enforces Model Code of Conduct at the local government elections.

🌟Can register or de-register a political party.

🌟It is also in charge of redrawing local body constituencies before each general election, as a State Election Commission is also an ex-officio member of delimitation commission of a state.

🔔State Election Commissioner

🚀Appointment and Tenure

🌟State Election Commission is led by a State Election Commissioner who is appointed by the state Governor.

🌟The tenure, appointment and removal of State Election Commission is mentioned in Article 243K of the Constitution, and extended in Article 243ZA for Municipal body.

🌟The conditions of service and tenure are determined by the Governor as provision of law laid by the state legislature. Usually, 5 years until reach 65 years of age.

🌟The service condition of the State Election Commissioner shall not come to his disadvantage after his appointment.

🌟A state Election Commissioner shall not be removed from his office except in a similar manner of removal of a High Court Judge as in Article 218.
A resolution to be passed by both the houses of parliament with a special majority of not less than two-thirds of the members present and voting and more than 50% of the total membership of each house.

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Who appoints the Election Commissioners of India?

🚀 The Election Commissioners of India, including Chief Election commissioner and two Election commissioners, are appointed by the President of India on the recommendation of a selection committee comprising the Prime Minister, Leader of Opposition and a Union Minister.

List of Chief Election Commissioner of India

List	CEC	From	Till
1	Sukumar Sen	21 March 1950	19 December 1958
2	Kalyan Sundaram	20 December 1958	20 December 1958
3	S. P. Sen Verma	1 October 1967	30 September 1972
4	Nagendra Singh	1 October 1972	6 February 1973
5	T. Swaminathan	7 February 1973	17 June 1977
6	S. L. Shakdhar	18 June 1977	17 June 1982
7	R. K. Trivedi	18 June 1982	31 December 1985
8	R. V. S. Peri Sastri	1 January 1986	25 November 1990
9	V. S. Ramadevi	26 November 1990	11 December 1990
10	T. N. Seshan	12 December 1990	11 December 1996
11	M. S. Gill	12 December 1996	13 June 2001
12	J. M. Lyngdoh	14 June 2001	7 February 2004
13	T. S. Krishnamurthy	8 February 2004	15 May 2005
14	B. B. Tandon	16 May 2005	29 June 2006
15	N. Gopalaswami	30 June 2006	20 April 2009
16	Navin Chawla	21 April 2009	29 July 2010
17	S. Y. Quraishi	30 July 2010	10 June 2012
18	V. S. Sampath	11 June 2012	15 January 2015
19	Harishankar Brahma	16 January 2015	18 April 2015
20	Nasim Zaidi	19 April 2015	5 July 2017
21	Achal Kumar Jyoti	6 July 2017	22 January 2018
22	Om Prakash Rawat	23 January 2018	1 December 2018
23	Sunil Arora	2 December 2018	12 April 2021
24	Sushil Chandra	13 April 2021	14 May 2022
25	Rajiv Kumar	15 May 2022	18 February 2025
26	Gyanesh Kumar	19 February 2025	Current

State Election Commissioner of India