ECI control over Officials
Why it Matters?
The ECI is currently in a tussle with the West Bengal government over disciplining four officials accused of electoral roll tampering. The West Bengal government refused action, citing that the Model Code of Conduct (MCC) is not in force as no elections have been announced.
What You Should Know? Constitutional & Legal Basis
Article 324: Vests in ECI the power of "superintendence, direction and control" of elections to Parliament, State Legislatures, and offices of President & Vice President.
Protection of CEC: Constituent Assembly debates stressed independence of ECI by giving CEC the same protection as Supreme Court judges.
Staffing Arrangement: Dr. B. R. Ambedkar opposed a parallel permanent bureaucracy for the ECI; instead, he proposed that officials deputed from provincial governments should remain under the ECI’s control during election duty.
Key Legislative Provisions
Representation of the People Act, 1950 (Sec. 13CC): Officials related to electoral rolls (Chief Electoral Officers, DEOs, EROs, etc.) are deemed on deputation to ECI during elections, subject to its “control, superintendence and discipline.”
Representation of the People Act, 1951 (Sec. 28A): Extends the same rule to Returning Officers, Presiding Officers, Polling Officers, and even police officials on election duty (from notification of election till declaration of results).
Historical Developments
T.N. Seshan Era (1990–96): Asserted strong control of ECI over election officials.
Supreme Court Involvement: In 1993–94, SC affirmed that officials on election duty are under ECI’s disciplinary control.
2000 Agreement (M.S. Gill’s tenure): Settlement detailed ECI’s powers:
Suspend/substitute officers.
Send officials back to their cadre with a conduct report.
Recommend disciplinary action (competent authority bound to act within 6 months).