| Introduction: Contextual Introduction Body: Highlight the need for Collegium based system and measures to enhance the independence of the ECI. Conclusion: Way forward |
As the guardian of free and fair elections in the world’s largest democracy, the Election Commission of India (ECI) plays a crucial role in upholding democratic integrity. The recent developments surrounding the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, have reignited the debate on the need for a bipartisan and neutral collegium-based appointment system.
Need for a Collegium-Based Appointment System
- Addressing Executive Influence and Ensuring Impartiality: Under the 2023 Act, the selection committee comprises the Prime Minister, a Union Cabinet Minister (chosen by the PM), and the Leader of the Opposition (LoP), reducing the LoP to a minority voice. This raises concerns that appointments may favor the ruling party, undermining public trust in the ECI’s independence.
- Judicial Observations and Legal Challenges: (2023): The 2023 Act removed the CJI, effectively overturning the intent of the SC ruling in Anoop Baranwal v. Union of India, prompting legal challenges by civil society organizations like ADR, Common Cause, and Lok Satta Movement.
- Public Perception and Electoral Legitimacy: The integrity of elections depends not just on actual neutrality but also on the perceived independence of the ECI. A selection process dominated by the executive raises doubts about electoral fairness, eroding democratic legitimacy.
Challenges in Implementing a Bipartisan Collegium
- Consensus on Collegium Composition: Including too many stakeholders could lead to deadlock and delays in appointments. Over-reliance on the judiciary might blur the separation of powers.
- Judicial Hesitation in Enforcing Reforms: The Supreme Court has not demonstrated urgency in resolving the legal challenges, allowing appointments under the contentious law.
- Political Resistance to Change: The ruling party, regardless of political ideology, has little incentive to dilute executive control over ECI appointments.
Measures to Enhance the Independence of the ECI
- Restoring the Chief Justice of India in the Appointment Process: A selection panel comprising the PM, LoP, and CJI would balance executive, legislative, and judicial oversight.
- Constitutional Protection and Financial Independence: Ensuring that ECI’s budget is charged to the Consolidated Fund of India (similar to the Supreme Court and CAG) to reduce executive dependence.
- Legislative Reforms for Transparent Appointments: Establishing objective criteria and public disclosures for selecting ECs. Public hearings or parliamentary scrutiny before finalizing appointments.
- Strengthening Judicial Oversight: The Supreme Court must prioritize cases affecting electoral integrity and intervene proactively to ensure compliance with democratic principles.
Conclusion
Adopting a bipartisan and neutral collegium-based appointment system will align India’s electoral governance with global best practices. Strengthening institutional independence through reforms in tenure, funding, and accountability mechanisms will further safeguard democratic integrity and ensure the ECI remains a truly autonomous body.
