Chief Election Commissioner

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Election Commission

News Highlight

A high-power committee consisting of the PM, the Opposition Leader in Lok Sabha and the CJI must pick the Chief Election Commissioner and Election Commissioners.

Key Takeaway

  • A five-judge Constitution Bench of the SC unanimously declared that the CEC and ECs must be chosen by a high-power committee comprised of the PM, the Leader of the Opposition in the Lok Sabha, and the CJI.

Supreme Court (SC) Verdict

  • Overview
    • According to the Supreme Court, a reading of the Constituent Assembly (CA) deliberations on establishing the ECI.
    • It reveals that all members unanimously believed that an impartial commission must handle elections.
    • The purposeful inclusion of the words subject to the terms of any law passed on that behalf by Parliament.
    • It implies that CA intended for parliament to regulate ECI appointments.
    • While the court cannot typically trespass on exclusively legislative power, the Constitution’s context and the Legislature’s inertia.
    • The court needs to act as well as the conditions produced by it.
    • On whether the removal process should be the same for CEC and ECs.
    • The SC stated that it could not be since CEC has a special position and article 324 becomes inoperative without CEC.
    • The Supreme Court deferred to the government the decision on paying the EC, Permanent Secretariat.
    • Furthermore, expenditures must be charged to the Consolidated Fund of India.

Challenges of Verdict

  • Because the constitution gives Parliament the authority to create laws governing the selection of ECI.
  • The Supreme Court’s decision on this matter raises the issue of Separation of Powers.
  • However, the Supreme Court has said that this judgement would be subject to any law passed by parliament.
  • It means that parliament can pass legislation to overturn it.
  • Another point of view is that because no legislation has been passed by parliament, the Court must step in to fill the “constitutional gap.”

Existing Provisions for Appointment to ECI

  • Constitutional Provisions
    • Part XV (Article 324-329) of the Indian Constitution: This section deals with elections and creates a commission to oversee them.
  • Structure of ECI
    • The commission originally had only one EC after the Election Commissioner Amendment Act of 1989.
    • It became a multi-member organisation (1 CEC & 2 other ECs).
    • The Election Commission, according to Article 324, shall consist of the CEC and other election commissioners, if any, as the President may occasionally appoint.
  • Appointment Procedure
    • Article 324(2): The President appoints the CEC and other Election Commissioners, subject to the terms of any law passed by Parliament in this regard.
    • The Law Minister recommends a pool of qualified candidates for consideration to the Prime Minister. 
    • The President makes the appointment on the advice of the Prime Minister.
    • The President establishes the terms of duty and the period of office of the Election.
    • They have a six-year contract until age 65, whichever comes first.
  • Removal
    • They can resign at any time or be dismissed before the end of their term.
    • The CEC can only be removed from office through a process identical to that of a Supreme Court judge by Parliament.
    • Any other EC cannot be removed unless the CEC recommends it.

Conclusion

  • The decision recognises the delicate line between traditional democracy and constitutional democracy.
  • The decision ushers in a new age of judicial activism by assuring a more independent Election Commission.

Pic Courtesy: The Hindu

Content Source: Indian Express

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Q) Consider the following statements:

1. The Election Commission of India oversees elections to the Lok Parliament and Rajya Sabha.
2. The State Election Commission oversees elections to the State Legislative Assemblies.

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