Regulating the Electoral Domain: The Election Commission of India

Abstract

The Election Commission of India (ECI) is generally seen as a regulatory body with the power to enforce rules for the efficient conduct of elections. The ECI performs a range of overlapping functions, not all of which are regulatory. The ECI has been actively engaged in framing rules that constitute both the procedural and substantive aspects of electoral democracy in India. Following successive court decisions, Article 324 has become a ‘reservoir of powers’ giving the ECI scope for the exercise of residuary powers in a variety of situations. The ‘legal doctrine of electoral exceptionalism’ during election time has made itself manifest in the Model Code of Conduct. Innovations in ‘voter education and awareness’, which are often seen through the lens of electoral ‘management’ and the framework of ‘electoral integrity’, have become part of the deliberative content of election alongside the quest for ‘procedural certainty’ and ‘democratic outcomes’.

Keywords

Electoral legal exceptionalism electoral integrity procedural certainty SVEEP Model Code of Conduct

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