Chief Election Commissioners must be apolitical, strong and beyond influence

Chief Election Commissioners  must be apolitical, strong and beyond influence

Subject: Polity

Context:

• The Constitution Bench of the Supreme Court is hearing a series of petitions seeking functional independence for Election Commissioners.
• What is the issue:
• The Constitution Bench of the Supreme Court was hearing a series of petitions seeking functional independence for Election Commissioners.
• Challenging the constitutionality of the present appointment process, the petitioners contended that appointments were being done as per the whims and fancies of the executive.
• The petitioners pleaded for creation of an independent collegium or selection committee for future appointment of CEC and ECs.
• The court is specifically examining the question of setting up an “independent, neutral mechanism”, outside the control of the government, for the appointment of Election Commissioners.
• More about the Election Commission of India (ECI):
• The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India.
• The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
• What are some important Constitutional Provisions related to ECI:
• Part XV (Article 324-329) of the Indian Constitution deals with the Election Commission of India:
• Article 324: Superintendence, direction and control of elections to be vested in an Election Commission.
• Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on the grounds of religion, race, caste or sex.
• Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
• Article 327: Power of Parliament to make provisions with respect to elections to Legislatures.
• Article 328:Power of Legislature of a State to make provision with respect to elections to such Legislature.
• Article 329: Bar to interference by courts in electoral matters.
• What is the structure of the Commission:
• Originally the commission had only one election commissioner but after the Election Commissioner Amendment Act 1989, it has been made a multi-member body
• The Election Commission shall consist of the Chief Election Commissioner (CEC) and a number of other election commissioners if any, as the President may from time to time fix.
• Presently, it consists of the CEC and two Election Commissioners.
• At the state level, the election commission is helped by the Chief Electoral Officer who is an IAS rank Officer.
• What is the appointment and tenure of Commissioners:
• There is no prescribed procedure for appointing the Chief Election Commissioner and Election Commissioners as per the constitution.
• Under the Transaction of Business rules, the President shall appoint the CEC and EC based on the recommendations made by the Prime Minister.
• Therefore, it is the executive power of the President to appoint CEC and ECs.
• However, according to Article 324(5), the Parliament has the power to regulate the terms of conditions of service and tenure of ECs. It is under this article that the Parliament has made laws till date.
• They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
• They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
• What was Supreme Court’s Observation:
• The Supreme Court said the Central government pays mere “lip-service” to the independence of the Election Commissioners.
• This is evident from the way the tenures of Chief Election Commissioners have “slid” down from over eight years in the 1950s to just about a few hundred days after 2004.
• The court said successive governments, particularly after 2004, have picked people whom it knew would never ever get close to the full term of six years prescribed under the Election Commission Act, 1991.
• Section 4 of the 1991 Act says the term of a CEC and Election Commissioners is six years or till the age of 65 years, whichever is earlier.
• The court said protections under Article 324, like removal through impeachment, available under the Constitution to the CECs would only be of any use if he or she had a full term.
• Referring to former CEC TN Seshan, the court said people came to know about the Commission when he took charge and took a slew of decisions to make the panel independent.
• The bench observed that involving the Chief Justice of India (CJI) in the selection process of CEC/ECs would go a long way to ensure transparency.
• The presence of the CJI would send a message that you cannot play games in selection and the best person of character would be picked.