News Highlight
The SC said a “fair and transparent mechanism” should be adopted to appoint the best apolitical person as the Chief Election Commissioner.
Key Takeaway
- A five-judge Constitution bench, which is hearing a batch of petitions seeking its direction to insulate the poll panel from political or executive interference, said there are no “checks and balances” in the appointment process and it allows the government to appoint persons of its choice.
Election Commission of India
- About
- The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India.
- Duties
- The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India and the offices of the President and Vice President in the country.
- Constitutional Provisions
- Article 324-Superintendence, direction and control of elections to be vested in an Election Commission.
- Article 325-No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on the grounds of religion, race, caste or sex.
- Article 326-Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
- Article 327-Power of Parliament to make provision with respect to elections to Legislatures.
- Article 328-Power of Legislature of a State to make provision with respect to elections to such Legislature.
- Article 329-Bar to interference by courts in electoral matters.
- The Structure of the Commission
- The commission consists of one Chief Election Commissioner and two Election Commissioners.
Challenges in functioning and Independence of the Election Commission
- Appointment issues
- The Constitution has no prescribed qualifications, and Members are appointed without defined criteria or processes.
- Also, at present, the appointment is made unilaterally by the government of the day, which is liable to politicisation and raises the potential for partisan positions, thus diluting its credibility.
- Security of tenure
- The Constitution has not specified the term of the election commission members.
- Post-retirement appointment
- The Constitution has not debarred the retiring Election Commissioners from taking up an office of profit under the state or joining a political party after retirement.
- Financial autonomy
- Currently, the budget of ECI is not charged to the Consolidated Fund of India, which tends to reduce its independence and autonomy.
- Unable to curb malpractices
- Since the ECI doesn’t have the necessary powers, it is not able to control the criminalisation of politics or the use of money and muscle power in elections.
Way forward
- The institutionalised mechanism for selection
- The 2nd ARC report recommended for the selection panel headed by the Prime Minister with the Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha, the Law Minister, and the Deputy Chairman of the Rajya Sabha as members should make recommendations for the consideration of the President for appointment of the Chief Election Commissioner and Election Commissioners.
- Independent secretariat
- The ECI should have an independent secretariat and frame its own recruitment rules and shortlist and appoint officers.
- The Consolidated Fund of India
- Its expenditures must be charged to the Consolidated Fund of India, similar to other constitutional bodies such as the UPSC.
- Legal backing for Model Code of Conduct
- Legal backing for the Model Code of Conduct is also a necessary step to prevent the violation of MCC, which will give power to EC to punish the violators.
Content Source: Times of India