Institutional Independence And Democratic Accountability: Re-Examining The Constitutional Role Of The Election Commission Of India
- IJLLR Journal
- Mar 14
- 2 min read
Devansh Devliyal, National Law University Odisha
ABSTRACT
The credibility of the institutions that are in charge of conducting elections is a major factor that determines the legitimacy of democratic governance. Election Commission of India (ECI) is a constitutionally established body in India that works on the conduct of elections in India with its mandate provided in Article 324 of the Constitution and the responsibility of conducting free and fair elections. The ECI is often notionally described as a fourth-branch institution or guarantor or, what is called in India, a constitutional institution, and it has constitutional, quasi-legislative, and quasi-jurisdictional authority over the conduct of the electoral process. This paper focuses on the institutional structure and working practice of the ECI using the analytical perspective of institutional independence and democratic accountability. It contends that although the constitutional structure has given the Commission a fair degree of formal independence, its functional independence has been exposed to structural frailty especially with respect to executive dictatorial nomination procedures, low transparency in decision- making and lack of strong accountability mechanisms. The article reviews the changing course of the Commission independence and the effects of this on the democratic legitimacy by re-examining constitutional clauses, judicial meanings, institutional application and recent scandals. It also suggests one of the structural reforms; independent appointment process, parliamentary confirmation processes, non-renewable tenure and an upsurge in transparency norms in a bid to reset the balance between autonomy and accountability. These protections should be reinforced by all means to retain the confidence of the people in the electoral process and to have a solid base of institutional support of the Indian democratic system.
Keywords: Election Commission of India; Electoral Governance; Fourth- Branch Institutions; Constitutional Law; Democratic Accountability; Institutional Independence; Electoral Reform.
