22 Dec 2022 Appointments of ECs and Chief Election Commissioner (CEC)
Significance for Prelims: Not Much
Significance for Mains: New Method to appoint ECs and Chief Election Commissioner (CEC)
News: Recently, Supreme Court has been hearing cases about the appointment of election commissioners. Hearings in the Supreme Court on the appointment of Election Commissioners (ECs) made this a public discourse.
Evolution of Election Commission:
- India‘s elections have become almost a mechanistic and ritualistic exercise due to the evolution of India’s constitutional and political structures over the years. The most precise reason for this is the setting up and functioning of the Election Commission of India (ECI).
- Article 324 of the Constitution created the Election Commission of India (ECI).
- Election Commissioners (ECs) ensure that the roots of democracy are kept appropriately watered and nourished.
Working of the Constitution: Final words of the President of the Constituent Assembly (CA) and the Chairman of the Drafting Committee for the Constitution during the Constitution-making process and when the Constitution was finally adopted.
- Dr. B.R. Ambedkar, while praising the adoption of the Constitution to the CA on November 25, 1949, said, “However good a Constitution may be, it is sure to turn out bad because those who are called to work it happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those called to work it happen to be a good lot. The working of a Constitution does not depend wholly upon the nature of the Constitution.”
- Dr. Rajendra Prasad said, “Whatever the Constitution may or may not provide, the country’s welfare will depend upon how the country is administered. That will depend upon the men who administer it… If the elected people are capable and men of character and integrity, they would be able to make the best even of a defective Constitution. The Constitution cannot help the country if they are lacking in these. After all, a Constitution, like a machine, is a lifeless thing. It acquires life because of the men who control it and operate it, and India needs today nothing more than a set of honest men who will have the interest of the country before them.”
- In case ECs want to match the qualities stated by Dr Ambedkar and Dr Prasad. They need to go beyond the definition of Article 324 of the Constitution and the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
Major Weakness in the appointment systems of the ECs:
- The bureaucratisation of the ECI is visible in the elevation of ECs to the Chief Election Commissioner (CEC), which is a clear violation of the principle of primus inter pares and defect in the tenures of ECs and CEC.
- Monopolisation of the positions of ECs and CEC by the administrative services.
Way forward:
- Formation of a new committee that should propose the qualifications and requirements for persons to be appointed as ECs/CEC: The committee’s proposals should be approved only if they are approved by a two-thirds majority of the members of Parliament present and voting.
- After approval of qualifications and requirements by Parliament, the committee should be entrusted with the task of searching for and selecting individuals proposed to be appointed as ECs/CEC.
- The committee should issue a call for nominations and applications from those qualified for or interested in the position of EC or CEC.
- The Parliament should review the committee’s proposals: The committee’s recommendations shall only be accepted by the legislature if they support two-thirds of the lawmakers present and voting. The suggestions should be given to the President for approval of the appointees after being approved by Parliament. Such individuals should hold their positions for six years or until they are 75, whichever comes first, after being appointed. People older than 69 years old shouldn’t be appointed.
- People so appointed should only be subject to the same process of impeachment as justices of the Supreme Court.
Prelims:
Q. Article 324 of the Constitution is associated with
(a) Election Commission of India
(b) Supreme Court
(c) Comptroller and Auditor General of India(CAG)
(d) Attorney General of India
Source: The Hindu
Article: Benchmarks for ECs’ appointments
Article Link: https://www.thehindu.com/opinion/op-ed/benchmarks-for-ecs-appointments/article66288489.ece
Yojna IAS Daily current affairs eng med 22nd Dec
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