There are at least seven pillars on which the edifice of the election commission (EC) is solidly built:

• The constitution of India
• Acts and rules made there under
• Judicial support 
• The model code of conduct (MCC) formulated by political parties,
• The bureaucracy that conducts the mammoth exercise
• The media that acts as the eyes and ears of the EC and
• The trust of the people of India.
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Empowerment by constitution

Around the same time when the constitution of India was under preparation, the UN had embarked upon codifying basic human rights with a view to strengthening democracy in different parts of the world. The Universal Declaration of Human Rights in 1948 provided that:

• Everyone has the right to take part in the government of their country, directly or through freely chosen representatives (UDHR Article 21.1).
• The Will of the people shall be the basis of the authority of government; this Will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures (UDHR Article 21.3).

The prerequisite for realisation of these basic democratic rights is free and fair elections, held regularly, in which the people are in a position to express their will fearlessly, in a fully secured and secret manner. This was the mandate given to the EC by the founding fathers of the constitution of India. They took further care to ensure that the EC is invested with powers to discharge its functions independently and insulated from the government of the day. The constitution empowers EC with complete freedom in its allotted domain. The supreme court has held in Mohinder Singh Gill and Another Vs. Chief Election Commissioner and Others (AIR 1978 SC 851) that the above words ‘superintendence, direction and control’ are the broadest terms and Article 324 is a plenary provision vesting the whole responsibility of national and state elections in the EC. Further, the apex court held that where any law made by parliament is silent, Article 324 is a reservoir of power for the commission to act in such vacuous area.  

Empowerment by parliament

Within the confines and parameters laid down by the constitution, parliament in exercise of its law-making power has made all necessary provisions in the laws, mainly, the Representation of the People Acts of 1950 and 1951 and the Presidential and Vice-Presidential Act, 1952 and the rules made under these Acts, to strengthen the institution of EC and to effectuate its powers. Wherever these legal provisions were found wanting in any respect, the amendments have been made from time to time to overcome the problems or impediments faced by the EC. 

Empowerment by supreme court

The EC, being a creation of the constitution of India, owes its basic and inherent powers to the constitution. Parliament has also strengthened the EC’s authority by making supplemental provisions in the laws enacted by it. However, to a very great extent, the authority which the EC wields and the respect it enjoys today is due to the benevolent interpretation of the supreme court placed on various provisions in the constitution and the laws relating to elections.

But for the interpretation of the word ‘election’ in clause (b) of Article 329 that the election connotes the entire process starting with the issue of the notification calling the election and culminating in the declaration of result in NP Ponnuswami Vs. Returning Officer, Namakkal (AIR 1952 SC 64), in 1952 itself and placing a bar on the interference by courts in electoral matters, the EC would not have been in a position to conduct the large number of general elections and by-elections – 15 general elections to the house of the people, more than 330 general elections to the state legislative assemblies and thousands of by-elections – as and when they became due. In the very early stage of nascent democracy in the country, i.e., at the time of the first general elections in the country itself, the above interpretation was rendered by a constitution bench of the supreme court and the conduct of elections has been left to the EC according to the time table set by it.

Empowerment by political parties (MCC)

Though in the constitution, as originally enacted, and in the laws framed thereunder, there was no mention of political parties, yet the EC recognised their role in the functioning of democracy as envisaged in the constitution from the very beginning. From the very first general election in 1951-52, it gave recognition to a number of political formations functioning at the national, regional and state levels under its own powers of Article 324. Political parties are one of the main stakeholders in the electoral process and, but for their satisfaction, no electoral outcome can receive general acceptance that is essentially needed for smooth and orderly transfer of power. It is gratifying to note that political parties have all along accepted electoral verdicts gracefully and also appreciated the role which the EC has played in ensuring free and fair elections. 

The amount of faith which the political parties have reposed in the election commission is evident from the fact that enforcement of the model code of conduct – an instrument for free and fair elections given by the political parties unto themselves – has been entrusted by them to the election commission. The model code of conduct is a unique device evolved by the political parties themselves which binds them to observe certain exemplary good practices in their election campaigns so as to maintain a healthy decorum for clean elections, to provide a level-playing field among them and to place restrictions on the use of government power and machinery by the ruling parties for their partisan ends.

Empowerment by bureaucracy

The admirable manner in which the bureaucracy has responded to the call of duty and stood by the EC to assist it in the discharge of its duty of conducting elections during the last more than six decades undoubtedly deserves a special mention. The way they have looked to the EC to observe and adhere to its directions and instructions, ignoring sometimes even the threats of their political bosses, is noteworthy. Bimal Jalan, former governor of the reserve bank of India, once remarked that the same bureaucracy which is otherwise much maligned renders perfect elections when it comes under the command of the election commission.

Empowerment by media

The commission has always accepted the media – both print and electronic – as its ally. With the wide reach of the media in every nook and corner of the country, the commission has always been mindful of the fact that the media is more powerful and often quicker in noticing and highlighting malpractices resorted to by candidates and political parties. Quite often, it is through the media that the EC observes or becomes aware of violations of the model code of conduct or other corrupt or illegal practices being indulged in by certain candidates and their supporters and workers, supplementing the reach of its official observers.

Empowerment by people

The foremost source of the EC’s empowerment is the faith reposed by the people of India in the election commission. The way they have respected the electoral verdicts during the last 15 general elections to the house of the people, more than 330 general elections to the state legislative assemblies and thousands of by-elections to parliament and state legislatures bear ample testimony to the fact that the commission has not failed the people of the country in the performance of the sacred duty imposed on it by the constitution.

Quraishi is a former chief election commissioner. He spoke to Rohit Bansal.

(This article appeared in the February 1-15 issue of the print magazine as part of the cover feature 'Trust of the Republic')