Hindu Editorial Analysis : 14-August-2023
The recent introduction of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, in the Rajya Sabha has sparked discussions about the structure and functioning of the Election Commission of India. The Election Commission, established on January 25, 1950, holds a crucial role in maintaining the integrity of elections in India. This essay delves into the establishment, functions, composition, and the recent bill’s implications on the Election Commission.
Establishment and Functions of the Election Commission of India
The Election Commission was established as a permanent and independent body under the Constitution to oversee both Union and State election processes. Its responsibilities include:
- Exercising superintendence, direction, and control over elections to the parliament, state legislatures, the president’s office, and the vice president’s office.
- Administering the election process with impartiality and integrity.
- Ensuring adult suffrage, as per Article 326, for elections to the Lok Sabha and State Legislative Assemblies.
The Commission, however, is not involved in panchayat and municipal elections, which fall under the jurisdiction of separate State Election Commissions.
Composition and Constitutional Provisions
The Election Commission comprises the Chief Election Commissioner and other election commissioners. Initially, the Commission consisted solely of the Chief Election Commissioner, but it now includes the Chief Election Commissioner and two Election Commissioners.
Article 324 of the Constitution outlines provisions related to the appointment, conditions of service, and tenure of the Chief Election Commissioner and other election commissioners. It empowers the President to appoint and determine their service conditions. However, the Constitution doesn’t specify the required qualifications for these appointments.
Tenure, Removal, and Independence
The Chief Election Commissioner and other election commissioners hold office for six years or until they reach the age of 65, whichever comes first. Their removal process is akin to that of Supreme Court judges. The President can remove the Chief Election Commissioner based on a resolution passed by both houses of Parliament, supported by a special majority, and grounds of misbehavior or incapacity.
The Chief Election Commissioner’s independence is safeguarded by ensuring security of tenure and preventing changes to their service conditions to their disadvantage after appointment. Additionally, the removal of any other election commissioner or regional commissioner necessitates a recommendation from the Chief Election Commissioner.
Recent Bill Highlights and Implications
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, proposes significant changes to the appointment process:
- The Union government proposes a three-member selection panel, with the majority being executive representatives, for appointing election commissioners.
- The bill excludes the Chief Justice of India (CJI) from the panel, removing their involvement in selecting the Chief Election Commissioner and Election Commissioners.
- The selection panel consists of a Cabinet Minister, the Leader of Opposition (LoP) in the Lok Sabha, and the Prime Minister.
Need for the Bill
The Union government introduced this bill to address the issue of external influence over the Election Commission’s leadership selection process. Prior to the bill, a Supreme Court judgment mentioned that the Prime Minister, LoP, and CJI would decide the leadership of the Election Commission until legislation was enacted.
Criticisms
However, the bill faces criticisms, including:
- Concerns about the neutrality of the Election Commission as the selection panel would comprise two members from the ruling party—the Prime Minister and the Cabinet Minister.
- Doubts about the bill’s ability to uphold the independence of the Election Commission.
- The bill’s divergence from the recommendations of the Dinesh Goswami Committee in 1990 and the Justice Tarkunde Committee in 1975, which suggested an independent selection committee including the Chief Justice of India.
Why In News
The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, which has been recently presented in the Rajya Sabha, aims to establish a comprehensive framework for the appointment, service conditions, and tenure of the Chief Election Commissioner and Election Commissioners. This legislative proposal reflects the ongoing efforts to enhance the transparency, accountability, and efficiency of the electoral process in line with the evolving democratic landscape.
MCQs about Reforming the Election Commission of India
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What is the proposed change in the Chief Election Commissioner and Other Election Commissioners Bill, 2023?
A. Excluding the Prime Minister from the selection panel.
B. Including the Chief Justice of India in the selection panel.
C. Increasing the number of Election Commissioners.
D. Giving the Election Commission control over panchayat elections.
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What safeguards ensure the independence of the Chief Election Commissioner?
A. The President can remove the Chief Election Commissioner without any conditions.
B. The Chief Election Commissioner can be removed by a simple majority in the Parliament.
C. The service conditions cannot be altered to their disadvantage after appointment.
D. The Chief Election Commissioner serves for a maximum of 8 years.
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Why has the Chief Election Commissioner and Other Election Commissioners Bill, 2023, been introduced?
A. To increase the power of the Chief Justice of India.
B. To reduce the role of the Prime Minister in the selection process.
C. To address concerns of external influence in the Election Commission’s leadership selection.
D. To extend the term of the Chief Election Commissioner to 10 years.
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