NEWS HIGHLIGHT
Theme : Functions & Responsibilities of the Constitutional Bodies.
Paper:GS-2
A Constitution Bench of the Supreme Court heard a crucial case about the method by which the Election Commission of India (ECI) is constituted, and Election Commissioners.
Context : A Constitution Bench of the Supreme Court heard a crucial case about the method by which the Election Commission of India (ECI) is constituted, and Election Commissioners.
Election Commission of India :
- 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:
- Lok Sabha
- Rajya Sabha
- State Legislative Assemblies in India
- Offices of the President and Vice President in the country.
- Part XV of the constitution deals with elections, and establishes a commission for these matters.
- Article 324 to 329: deals with powers, function, tenure, eligibility, etc of the commission and the members.
- The commission: It consists of one Chief Election Commissioner and two Election Commissioners.
- The President appoints Chief Election Commissioner and Election Commissioners.
- Tenure: They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
- Status: They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
- The Chief Election Commissioner can be removed from office only through a process of removal similar to that of a Supreme Court judge by Parliament.
- All three members have equal voting rights and all decisions in the commission are taken by the majority.
Issues related to Elevation of Election Commissioners to CECs :
- Bureaucratisation of the ECI: which is not even hinted at in the Constitution anywhere.
- Elevation of ECs to Chief Election Commissioner (CEC), and the tenures of ECs and CEC: The elevation is a clear violation of the principle of primus inter pares.
- Monopolisation of the positions of ECs and CEC by the administrative services.
Steps that can be taken in this Direction :
- An existing committee of Parliament or a new committee:
- It should propose the qualifications and requirements for persons to be appointed as ECs/CEC.
- Two-third majority: The proposals of the committee should be put to Parliament and should be considered approved only if they are approved by two-thirds majority of the members of Parliament present and voting.
- Selection of individuals: The committee should be entrusted with the task of searching for and selecting individuals proposed to be appointed as ECs/CEC.
- Recommendations: The committee should send its recommendations to Parliament for consideration.
- Recommendations of the committee should be considered approved by Parliament only if approved by two-thirds majority of the members of Parliament present and voting.
- Presidential approval:They should be sent to the President for approving the appointments.
- Age: Such persons should stay in their positions for six years or the age of 75 years, whichever is earlier.Persons above the age of 69 years should not be appointed.
- Removal: Persons so appointed should be removable only by a process of impeachment as applicable to the Supreme Court judges
Road Ahead :
- Democracy preservation: If democracy in its real sense is to be preserved in the country, the importance of the ECI has to be recognised and accepted.
- The guiding principles must be functional and effective independence from the executive, from the moment of appointment to the retirement, and then beyond.
FAQs :
-
What are the Issues related to Elevation of ECs to CECs ?
ANS.
- Bureaucratisation of the ECI: which is not even hinted at in the Constitution anywhere.
- Elevation of ECs to Chief Election Commissioner (CEC), and the tenures of ECs and CEC: The elevation is a clear violation of the principle of primus inter pares.
- Monopolisation of the positions of ECs and CEC by the administrative services.
-
Who appoints ECs and CECs ?
ANS. The President appoints Chief Election Commissioner and Election Commissioners.