ECI APPOINTMENTS

8. Views on the Current Process

• The Election Commission is not only responsible for conducting free and fair elections, but it also has quasi-judicial functions, so the Executive cannot be a sole participant in the appointment process. This also gives the ruling party unlimited power to choose someone whose loyalty to it is ensured.
• The current process also lacks transparency.
• Several petitions in SC have called the current practice into question. They argue that the current practice of appointment violates Articles 14, 324(2), and democracy as a basic feature of the Constitution.

9. What were the Concerns that Ambedkar expressed?

• While discussing the appointment of the Chief Election Commissioner by the President, Dr. Ambedkar expressed his apprehensions in the Constituent Assembly on June 16, 1949.
• Giving the example of the United States, where the Senate has some say on certain appointments by the President, Ambedkar noted that the Provision in the American Constitution was a 'very salutary check upon the extravagance of the President in making his appointments'.
• These checks, he said, were likely to lead to "administrative difficulties".
• The Drafting Committee had paid considerable attention to this question because as Ambedkar said it is going to be one of our greatest headaches and as a via media, it was thought that if this Assembly would give or enact what is called an Instrument of Instructions to the President and provide therein some machinery which it would be obligatory on the President to consult before making any appointment, Ambedkar thought that the difficulties which are felt as resulting from the American Constitution may be obviated and the advantage which is contained therein may be secured.

10. Recommendations on the Selection Process

• Over the years, the question of the independence of the ECI from the executive has cropped up several times, given that the persons appointed to the posts have been retired senior bureaucrats.
• The UPA-era Second Administrative Reforms Commission in its report in January 2007 recommended that a collegium headed by the Prime Minister and comprising the Lok sabha speaker, the Leader of the Opposition in the Lok Sabha, the Law Minister, and the Deputy Chairperson of the Rajya Sabha be formed to make recommendations to the President regarding appointments of the CEC and ECs.
• During debates in the Constituent Assembly on the procedure for appointment, there were suggestions that the person appointed as the Chief Election Commissioner should enjoy the confidence of all parties, and therefore his appointment should be confirmed by a 2/3 majority of both Houses.
• Thus even at that stage, there was a view that the procedure for appointment should be a broad-based one, above all partisan considerations,” the reforms commission report stated.
• Giving the example of the Committees for the appointment of the National Human Rights Commission and Central Vigilance Commissioner chairperson and members, the reforms committee said: Given the far-reaching importance and critical role of the Election Commission in the working of our democracy, it would certainly be appropriate if a similar collegium is constituted for selection of the Chief Election Commissioner and the Election Commissioners.

For Prelims & Mains