As the election commission is provided with a humongous task to conduct elections in a transparent and fair manner, its independence from other organs of government is a prerequisite. Following are some provisions which ensure independence of election commission: 

• Security of tenure: As chief election commissioner can only be removed in the same manner as that of a judge of the Supreme Court, he/she is provided with security of tenure and conditions of his/her service cannot not be varied to his/her disadvantage after his/her appointment. Even election commissioners can be removed only on recommendation of the chief election commissioner. This provision ensures impartial functioning of the body.
• Bar on interference from court: Under article-329 courts cannot interfere in the functioning of the election commission during elections. Election petitions can be filed only after elections. Delimitation carried out by the election commission cannot be challenged in court. This provision also ensures independence of the Election Commission in transacting its functions.

Challenges faced by Election Commission of India

• Lack of powers: Though provided with significant functions, Election Commission lacks power to regulate malpractices in elections like-
  • It cannot deregister any political party once it has been registered.
  • It has no powers to enforce inner party democracy and regulate party finances.
  • Due to the non-enforceable nature of the model code of conduct, the Election Commission has not been able to curb use of money and muscle power in elections.
• Lack of transparency in appointment: No specific committee or method for appointment of CEC and ECs, no grounds for appointment and removal, lack of transparency in appointment and no bar on retired election commissioners from any further appointments under central government, erodes trust of citizens in independent functioning of commission. 
• Administrative challenges: Despite being a significant constitutional body, expenditure of the election commission is not charged on the consolidated fund of India. It also lacks supporting staff of its own. These challenges hamper effective functioning of the election commission.
• Interference in functioning: Recently, the Supreme Court of India observed in a ruling that the Chief election commissioner’s term has fallen from 8 years in 1950s to less than 300 days since 2004. Similarly summoning of CEC, ECs by executive became controversial.  Such observations put a question mark on the functioning of the election commission.

Way forward

Certain reforms can help in effective functioning of Election Commission like: 

• The 2nd ARC suggested that a committee made up of the Prime Minister, Speaker of the Lok Sabha, Leader of Opposition in the Lok Sabha, Law Minister, and Deputy Chairman of the Rajya Sabha should provide recommendations to the President regarding the appointment of a person as Chief Election Commissioner (CEC) and Election Commissioners (EC).
• More regulatory powers should be provided to the commission to curb corrupt practices in elections.
• The commission’s expenditures are to be charged to the Consolidated Fund of India.
• Procedure for removal of CEC and ECs can be made similar to ensure smooth functioning of commission.
• There have been many instances when the Election Commission has been criticised without any credible evidence for EVM malfunctioning and other issues. Hence, like other countries eg. In Kenya, a provision for contempt proceedings could be established to maintain the institution’s credibility.

Conclusion

Democracy is a facet of the basic structure of the constitution and in order to ensure impartial and fair elections, the election commission should be empowered to achieve its desired objectives and maintain a healthy and vibrant democracy in the country.