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The Editorial 23-12-2022 Appointments and the Election Commission of India (ECI).

INDIAN CONSTITUTION
23 Dec, 2022

Theme : Functions & Responsibilities of the Constitutional Bodies.
GS-2

TABLE OF CONTENT

  1. Context
  2. Election Commission of India
  3. Issues related to Elevation of Election Commissioners to CECs
  4. Steps that can be taken in this Direction
  5. Road Ahead

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 : 

  1. 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.

  1. Who appoints ECs and CECs ?

ANS. The President appoints Chief Election Commissioner and Election Commissioners.