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Election Commission Of India: A Legal Study Of Its Power, Functions, Organization, Structure, And Composition




Darshan A Sheth, KSKV Kutch University

Samir A Runja, D L Law College Bhuj


I. Introduction


A. Background and Significance of the Election Commission of India (ECI)


Democracy, at its core, thrives on the principle of free and fair elections. In India, a vibrant parliamentary democracy and the world's largest, the responsibility of conducting elections rests with an independent constitutional body: the Election Commission of India (ECI). Established under Article 324 of the Constitution, the ECI is tasked with the superintendence, direction, and control of the preparation of electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State, and of elections to the offices of President and Vice-President. Its pivotal role ensures the integrity of the electoral process, thereby upholding the foundational tenets of democratic governance. The ECI's actions directly influence the legitimacy of elected representatives and the stability of the political system, making a thorough understanding of its institutional framework imperative.


B. Research Objectives


This study aims to undertake a comprehensive legal analysis of the Election Commission of India. Specifically, it seeks to:


  1. Examine the historical trajectory and constitutional genesis of the ECI.


  2. Delve into the composition of the ECI, including the appointment, tenure, and removal mechanisms of its members.


  3. Detail the organizational structure and operational framework through which the ECI discharges its duties.


  1. Elaborate upon the extensive powers and multifarious functions vested in the ECI by the Constitution and various statutes.


  2. Assess the constitutional and practical aspects of the ECI's independence and autonomy, identifying both safeguards and challenges.


  3. Analyze the key criticisms and challenges faced by the ECI in the contemporary political landscape.


  4. Propose constructive suggestions for strengthening the ECI's institutional capacity and enhancing its effectiveness.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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