INDEPENDENT COLLEGIUM

INDEPENDENT COLLEGIUM

Subject : Governance

Context :Recently, the Association for Democratic Reforms has filed a petition before the Supreme Court seeking formation of a “neutral and independent collegium or selection committee” for the appointment of members of the Election Commission.

Concept :

• The petition cited the 255th Law Commission Report which recommended that the appointment of Election Commission members should be made by the President.
• The president shall consult with a three-member collegium or selection committee, consisting of the prime minister, the leader of Opposition of the Lok Sabha and the chief justice of India.
• Dinesh Goswami Committee in its Report of May 1990 recommended for the effective consultation with neutral authorities like Chief Justice of India.
• The 4th Report of the Second Administrative Reform Commission also recommended for the constitution of a neutral and independent collegium:
• It should be 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 is members.
• Justice Tarkunde Committee in its Report of 1975 recommended that the members of Election Commission should be appointed by the President on the advice of a Committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India.

Current procedure for appointments in Election Commission of India

• 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.
• The appointment of the chief election commissioner and other election commissioners shall be made by the president.
• When any other election commissioner is so appointed, the chief election commissioner shall act as the chairman of the election commission.
• The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.