The Election Commission- Autonomy in the Crosshairs
Key functions and responsibilities of the Election Commission of India include:
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Conducting Elections: The ECI is responsible for conducting elections to the Lok Sabha (the lower house of Parliament), State Legislative Assemblies, and offices of the President and Vice President.
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Registration of Political Parties: The ECI registers political parties and monitors their adherence to regulations and norms.
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Updating Voter Rolls: The Commission ensures the accuracy and currency of voter rolls, which list eligible voters for each constituency.
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Delimitation of Constituencies: The ECI periodically reviews and modifies the boundaries of constituencies to ensure a fair distribution of voters.
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Model Code of Conduct: The ECI enforces the model code of conduct during elections to ensure fair campaigning practices and prevent misuse of power.
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Monitoring Election Expenditure: The ECI monitors the expenditure of political parties and candidates during elections to curb the influence of money in politics.
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Ensuring Election Integrity: The Commission takes measures to prevent malpractices, fraud, and other irregularities during elections.
- A five-judge bench of the Supreme Court unanimously ruled that a high-power committee consisting of the Prime Minister, Leader of Opposition in Lok Sabha, and the Chief Justice of India must pick the Chief Election Commissioner (CEC) and Election Commissioners (ECs)
- In 2015, a public interest litigation was filed by Anoop Baranwal challenging the constitutional validity of the practice of the Centre appointing members of the Election Commission
- According to Verdict "The appointment of the Chief Election Commissioner and the Election Commissioners shall be made by the President on the advice of a Committee consisting of the Prime Minister, the Leader of the Opposition of the Lok Sabha, and in case no leader of Opposition is available, the leader of the largest opposition Party in the Lok Sabha in terms of numerical strength, and the Chief Justice of India,”
- Article 324(2) reads: “The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time-to-time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.”
- The crux of the challenge is that since there is no law made by Parliament on this issue, the Court must step in to fill the “constitutional vacuum.”
- This examination also leads to the larger question of separation of powers and if the judiciary is overstepping its role in filling this gap in the law
- Two corollary issues that were also examined by the Court are whether the process of removal of the two Election Commissioners must be the same as the CEC; and regarding the funding of the EC.
- As per the current process, the Law Minister suggests a pool of suitable candidates to the Prime Minister for consideration. The President makes the appointment on the advice of the PM.
4. Constituent Assembly debate on Appointment of CEC
- The Constituent Assembly of India debated the appointment of the Chief Election Commissioner (CEC) on several occasions.
- The main concern was to ensure that the CEC was independent of the executive and legislature.
- One of the key debates took place on June 16, 1949, when Dr. B.R. Ambedkar, the Chairman of the Drafting Committee, presented the draft Article 289 (now Article 324) of the Constitution. This article deals with the appointment of the CEC and Election Commissioners
- Dr. Ambedkar proposed that the CEC should be appointed by the President of India, but that the appointment should be made in consultation with the Prime Minister and the Leader of the Opposition.
- He also proposed that the CEC should hold office for a term of six years or until he reaches the age of 65, whichever is earlier
- Some members of the Constituent Assembly, such as K.M. Munshi and H.V. Kamath, argued that the CEC should be appointed by a joint sitting of Parliament
- The Constituent Assembly eventually agreed with Dr. Ambedkar's proposal and the draft Article 289 was adopted.
- However, the Constitution also provides that the appointment of the CEC can be challenged in the Supreme Court.
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Practice Mains Questions
1.Discuss the significance of the Election Commission of India in ensuring free and fair elections in the country. How has the Commission contributed to the strengthening of democratic processes?
Points to consider:
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Examine the constitutional provisions and legal framework governing the appointment, tenure, and removal of the Chief Election Commissioner and Election Commissioners in India. How does this framework uphold the independence of the Election Commission? Points to consider:
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