Trust in Election Commission of India eroded? What are the Powers of Election Commission of India (ECI). What role it plays in Indian democracy?

Rahul Gandhi’s “vote chori” campaign raises awareness but at the same time risks erosion of public faith unless backed by tangible proof. Multiple political commentators and past officials of election commission had stated that the ECI is acting in a very non-ECI manner on vote manipulation allegations by the opposition parties. Instead of themselves investigating the allegations, Gyanesh Kumar the current Chief Election Commissioner (CEC) asked for the affidavit from opposition parties. Let’s take a look at series of events that eroded the trust among people.

On 21 December 2023, Parliament passes the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. It removes the Chief Justice of India from the appointment committee and replaces this slot with a union minister nominated by the PM. It also redefines service conditions, aligning them with bureaucratic levels (e.g., Cabinet Secretary) rather than ministerial stature. The Critics say this shift undermines ECI’s independence, increasing the potential for political bias, while the supporters argue that the new law ensures appointments are based on administrative experience and integrity, aligning ECs with bureaucratic standards

The act came into force on 2 January 2024, and on 14 March 2024 Gyanesh Kumar was appointed the Election Commissioner (EC) under the revised law, subsequently becoming Chief Election Commissioner (CEC) on 19 February 2025.

Further, on 1 August 2025, Rahul Gandhi (leader of opposition) claimed evidence of electoral fraud during the 2024 general elections and on 607 August 2025, he alleged voter roll manipulation in Karnataka’s Mahadevapura (e.g., fake/duplicate entries, double voting), and names some voters as having voted twice.

The EC on 8-10 August 2025, issues fact-checks and demands that Gandhi submit a signed affidavit under oath to substantiate his claims, invoking Rule 20(3)(b) of the Registration of Electors Rules, 1960. The EC also says electoral rolls are shared digitally and in print with parties, and that the “double vote” assertions are misleading. The CEO of Karnataka says the voter in question voted only once, as reported by various news channels.

Further, few days later Rahul Gandhi intensifies accusations: claims of 65 lakh voter deletions in Bihar, 1 crore extra voters in Maharashtra, and a 2023 law shielding ECs from accountability. He also alleges that the EC is complicit in serving BJP interests. But, the CEC publicly dismissed these allegations as baseless, accuses Gandhi of manipulating EC data, and demands an apology if proof isn’t submitted.

On 11 August 2025, Rahul Gandhi among ~300 opposition leaders were detained during a protest march in Delhi against the ECI. Simultaneously, Rahul’s ongoing Voter Adhikar Yatra in Bihar gathers momentum, stirring strong reactions from both opposition supporters and the NDA, which labels it “political drama”.

Constitutional Basis of the Election Commission's Powers

The Election Commission of India derives its authority primarily from Articles 324 to 329 of the Indian Constitution. These articles collectively establish a robust constitutional framework to ensure free, fair, and impartial elections in India.

• Article 324 gives the ECI overarching authority over the conduct of elections to Parliament, State Legislatures, and the offices of President and Vice-President.

• Article 325 ensures equality in electoral rolls, asserting that no citizen shall be denied inclusion based on religion, race, caste, or gender.

• Article 326 introduces the principle of universal adult franchise, making all citizens above 18 eligible to vote.

• Articles 327 and 328 define the respective roles of Parliament and State Legislatures in framing laws for elections.

• Article 329 restricts judicial intervention in electoral matters, except when explicitly allowed, ensuring smooth conduct without interference.

Types of Powers of the Election Commission

The powers of the ECI can be broadly categorized into administrative, advisory, and quasi-judicial functions, enabling it to operate both as a manager and regulator of the democratic process.

1. Administrative Powers

The ECI has significant administrative authority to ensure that elections are conducted efficiently and impartially:

• It delimits constituencies based on the Delimitation Act, redefining electoral boundaries for representation balance.

• It can register or deregister political parties, based on compliance with electoral laws and conduct.

• The Commission enforces the Model Code of Conduct, regulating campaign behavior to maintain decorum and fairness.

• It monitors election expenditures, ensuring no party overspends and every candidate competes on equal financial footing.

• It appoints various officers, including election observers and expenditure observers, from among civil servants to supervise the process on ground.

  
  

2. Advisory Powers

The ECI also plays a key advisory role, supporting other constitutional authorities:

• It advises the President of India on matters related to the disqualification of Members of Parliament under specific circumstances.

• It offers similar guidance to the Governors of States concerning disqualification of State Legislature members.

• The ECI provides inputs to the Supreme Court and High Courts in resolving post-election legal disputes between candidates and parties.

  
  

3. Quasi-Judicial Powers

The ECI acts like a court in certain cases, especially those concerning political and symbolic representation:

• It resolves disputes about the recognition of political parties and the legitimacy of their claims.

• It adjudicates on election symbol disputes, ensuring that no two parties have the same symbol and maintaining electoral clarity.

• It can pass binding orders on political parties regarding these matters, and its rulings carry the weight of law.

  
  

Role in Local Body Elections and Institutional Importance

While elections to Panchayats and Municipalities are conducted by State Election Commissions, these bodies function under the broader guidance of the ECI and remain accountable to it in certain respects. The ECI is a cornerstone of India’s democratic infrastructure and enjoys constitutional protection similar to other autonomous institutions like the Comptroller and Auditor General (CAG), Union Public Service Commission (UPSC), and the Higher Judiciary.

Conclusion

The Election Commission of India plays a pivotal role in safeguarding the democratic process through its wide-ranging constitutional powers and autonomy. Its responsibilities extend beyond the conduct of elections to include regulation, oversight, and dispute resolution, making it a powerful guardian of Indian democracy. Its effectiveness and neutrality are critical for maintaining electoral integrity, especially in a diverse and populous country like India.

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