How to make the election commission credible
Source: indianexpress
For Prelims: Chief Election Commission of India, Representation of People's Act 1951, Electoral bonds
For Mains: How to make the election commission credible, Collegium system
Highlights of the Article:
Bill now proposed by the Union government, seeks to replace the CJI with a Cabinet Minister nominated by the Prime Minister
The current selection process by the President on the advice of the PM and the Cabinet
Context:
On Thursday, the day before the Monsoon Session is set to end, the government tabled the Chief Election Commissioner and other Election Commissioners (Appointments, Conditions of Service, Term of Office) Bill in the Rajya Sabha
UPSC EXAM NOTES ANALYSIS:
1.Election Commission of India (ECI)
- The Election Commission of India (ECI) is a constitutional body that was established by the Constitution of India to conduct and regulate elections in the country.
- Article 324 of the Constitution provides that the power of superintendence, direction, and control of elections to parliament, state legislatures, the office of the president of India, and the office of vice-president of India shall be vested in the election commission.
- Thus, the Election Commission is an all-India body in the sense that it is common to both the Central government and the state governments.
- The main purpose of the Election Commission is to ensure the conduct of free and fair elections at various levels of government, including the Lok Sabha (the lower house of Parliament), Offices of President and Vice President of India, State Legislative Assemblies, and local bodies.
- The Chief Election Commissioner is appointed by the President of India. The appointment is made in consultation with the Prime Minister of India and the Leader of the Opposition in the Lok Sabha (the lower house of Parliament).
- The President can also appoint other Election Commissioners based on the recommendation of the CEC.
- The Chief Election Commissioner holds office for a term of six years or until they reach the age of 65, whichever comes first. There is no provision for reappointment or extension of the term
- All three members have equal voting rights and all decisions in the commission are taken by the majority
2. Procedure of removal
The procedure for the removal of an Election Commissioner in India is outlined in Article 324(5) of the Indian Constitution.
An Election Commissioner can be removed from office only through a process that involves certain legal provisions and safeguards to ensure the independence of the Election Commission
In the case of S.R. Bommai v. Union of India, the Supreme Court held that the following are the grounds on which an Election Commissioner can be removed from office:
- Misbehaviour: This includes any conduct that is unbecoming of an Election Commissioner or that brings the office of the Election Commissioner into disrepute.
- Incapacity: This includes any physical or mental incapacity that prevents the Election Commissioner from performing his or her duties.
3. What does the Present bill propose?
- The Bill now proposed by the Union government, seeks to replace the CJI with a Cabinet Minister nominated by the Prime Minister.
- However, it proposes a welcome addition a search committee, headed by the Cabinet Secretary, with two other members not below the rank of secretary to the government, to prepare a panel of five members for the consideration of the Selection Committee
- Another positive feature of the Bill is that the CEC and other ECs will be appointed from “amongst persons who are holding or have held a post equivalent to the rank of secretary and shall be persons of integrity, who have knowledge of and experience in the management and conduct of elections”
4. What are the issues with the current process
The current selection process by the President on the advice of the PM and the Cabinet does a grave disservice to newly appointed ECs
Their institutional actions carried out in good faith and in the course of their duty are often projected as one favouring a particular party
5. Collegium System
- The Collegium System is a system of appointment and transfer of judges in the higher judiciary in India.
- It was evolved by the Supreme Court in the 1990s, in the absence of any constitutional or statutory provisions.
- Under the Collegium System, the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court (collectively known as the Collegium) are responsible for recommending the names of judges to be appointed to the Supreme Court and the High Courts.
- The government has no role in the appointment process, except to convey its views to the Collegium.
- The Collegium System has been criticized for being opaque and lacking in transparency. It has also been accused of being susceptible to political influence.
- However, the Collegium System has also been defended for ensuring the independence of the judiciary.
6. Way forward
The CBI directors have also been appointed through collegium,and some of them have not covered themselves with glory. Some had questioned the CJI’s inclusion in the collegium. For one, he may be a legal expert but is hardly likely to know the candidates. Secondly, how can he sit in judgement if an appointment is challenged in the SC
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Practice Questions
1.Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.(UPSC 2022) (200 WORDS, 10 MARKS)
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