The Election Commission of India (ECI) is a permanent and autonomous constitutional body established under Article 324 of the Constitution of India. It was instituted on January 25, 1950, to solve the critical problem of administering free and fair elections in the newly formed, diverse republic.
The ECI is vested with the power of superintendence, direction, and control of the entire process for conducting elections to the Parliament, State Legislatures, and the offices of the President and Vice-President of India. Its functioning is governed by Part XV of the Constitution, which includes Articles 324 to 329. The ECI operates as a collegiate body, consisting of the Chief Election Commissioner (CEC) and two Election Commissioners (ECs), a structure it has maintained since October 1993. The CEC and ECs are appointed by the President and hold office for six years or until they attain the age of 65 years, whichever is earlier. The ECI also exercises quasi-judicial powers, such as deciding disputes over political party recognition and symbols.
The ECI’s work is closely connected to the Representation of the People Act, 1950, which deals with the preparation of electoral rolls, and the Representation of the People Act, 1951, which governs the conduct of elections and election disputes. It is distinct from the State Election Commissions, which handle elections to Panchayats and Municipalities.
A significant recent change occurred with the enactment of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the 1991 Act. This followed the Supreme Court's 2023 judgment in Anoop Baranwal vs Union of India, which had temporarily mandated a selection committee including the Prime Minister, Leader of Opposition, and the Chief Justice of India. The 2023 Act altered the selection committee by replacing the Chief Justice of India with a Union Cabinet Minister nominated by the Prime Minister. Furthermore, the salary and conditions of service for the CEC and ECs were made equivalent to that of the Cabinet Secretary, whereas the 1991 Act had equated them to a Supreme Court Judge.