Securing the EC

30 Nov 2022 Securing the EC

Significance for Prelims: Appointment of Election Commissioner

Significance for Mains: Problems associated with Election Commissioner and way forward. 

News: Recently Public Interest Litigation(PIL) was filed by advocate Ashwini Upadhyay regarding the autonomy and neutrality of the Election Commission of India (ECI).

Constitutional Provision for Election Commission: The intention of the Constitution is to make EC fiercely independent.

• Article 324,  the powers of “superintendence, direction and control of elections” is to be vested in an Election Commission.
• Article 324(2) “the Election Commission shall consist of the Chief Election Commissioner and a such number of other Election Commissioners if any, as the President may from time to time fix”.
• President of India appoints the Chief Election Commissioner(CEC) and Election Commissioners (EC) for six years tenure or up to the age of 65 years, whichever is earlier.
• Status and Perks of CECs and ECs: Status, salary and perks of CECs and ECs are similar to the judges of the Supreme Court of India.
• Constitution vested Election Commission with enormous powers of superintendence, direction and control over all elections. 
• CEC is protected from being removed (except through impeachment).
• All decisions in the commission are taken by the majority. 

Supreme Court‘s various judgements regarding the Election Commission of India(ECI)

• Apex Court reinforced that Election Commission‘s powers under Article 32 are to be absolute and unquestionable.
• SC declared free and fair elections to be part of the basic structure of the Constitution.

Track record of Election Commission and Chief Election Commissioners (CECs):

• ECI has performed very well in the history of Indian democracy earning accolades both from Indian citizens and the world.
• Most CECs displayed independence and neutrality and stood up to the government of the day.

Problem with Election Commission: 

• Flawed system of appointment of the Election Commissioners: Unilateral appointment of Election Commissioners by the government. 
• Vulnerability to government pressure due to uncertainty over the elevation of an Election Commissioner to the post of CEC.
• Possibility of government control over the Election Commission through the majority voting power of the two Election Commissioners as all three members of the Election Commission have equal voting rights.
• Government may exploit the fear of other Election Commissioners: As except CEC, other Commissioners consider themselves on probation and are always conscious of how government perceive their conduct. 
• Issues with the removal of Election Commissioners: Constitution-enabled protection for the CEC have not been extended to the other two Commissioners, who were added in 1993. 
• Allegations against the incumbent Commissioners for being partisan to the government: Opposition parties raise a finger against the incumbent since the Leader of the Opposition( LOP) is not a party to the selection.

Way Forward: ECI should have systemic safeguards against political influence

• Devise institutional mechanisms for independence and neutrality of the ECI.
• Constitutional Protection given to Chief Election Commissioner(CEC) from removal by the government should be extended to other election commissioners. 
• Implement the best mechanism from other countries: In some countries, the candidates who are appointed as members of the Election Commission are interviewed on television for the nation to see. 
• Develop a broad-based consultation mechanism including parliamentary scrutiny for the appointment of the Commissioner.
• Implement the Law Commission of India’s 255th report that recommended a collegium system for appointing Election Commissioners. 

Q. Consider the following statements: 

1. The Election Commission of India is a five-member body. 
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections. 
3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

Which of the statements given above is/are correct?

 (a) 1 and 2 only 

(b) 2 only 

(c) 2 and 3 only 

(d) 3 only

Mains: 

1. Critically examine the powers and limitations of the Election commission of India in conducting free and fair elections.

Source: The Indian Express

Article: Securing the EC

Article Link: https://indianexpress.com/article/opinion/columns/sy-quraishi-how-to-cement-the-election-commission-credibility-8289963/ 

sharad