Glaring omission – on appointment of Election Commissioners

Source– The post is based on the article “Glaring omission” published in “The Hindu” and “Let us retain structural neutrality on EC chiefs” published in the “mint” on 14th August 2023.

Syllabus: GS2- Appointment to various constitutional posts

Relevance: Issues related to appointment of Election Commissioners

News– The Union government has proposed a three-member selection panel consisting of the Prime Minister, the Leader of the Opposition and a Union Cabinet Minister.

This runs counter to a recent judgment of a Constitution Bench that envisaged an independent selection committee that included the Chief Justice of India.

Why is the SC ruling on appointment of Election Commissioner significant?

The verdict also aligned with the suggestions of the Dinesh Goswami Committee in 1990 and the Justice Tarkunde Committee in 1975. Government dominant role in the selection process will contradict the essence of the Court’s suggestions.

Maintaining a balance of power in the appointment process would ensure that process remains impartial to political ties. It will be important for upholding democracy, which places the equality of every citizen as a fundamental principle.

Why is it important to have an independent Election Commissioner?

The Election Commission of India is a constitutional entity with responsibilities for organizing elections. It performs quasi-judicial functions as well. Therefore, it’s reasonable that the selection process safeguards against excessive executive influence.

The Election Commission of India has played a crucial role in facilitating periodic elections.

Nonetheless, concerns have arisen.

For instance, prior to the 2019 general election, there was a one-month delay in announcing elections between February and March. The government inaugurated multiple projects during that time.

The application of the Model Code of Conduct was uneven. It favored the ruling party, which led to dissent by one of the commissioners.

The independent V-Dem Institute in Sweden downgraded India to an “electoral autocracy” due to the perceived decrease in the ECI’s autonomy.

To preserve the stability of our constitutional framework, it is necessary that citizens perceive electoral procedures as independent, impartial, and beyond partisan influences.

Indian voters are not concerned about manipulated elections. It’s imperative that we fortify this track record.

What are issues with the Bill?

The legislation permits the appointment committee to “govern its own process with transparency.” So, the methods employed by this committee are likely to remain undisclosed. The Selection Committee also retains the option to evaluate individuals beyond those initially listed by the Search Committee. This would grant the Selection Committee complete authority in determining the Election Commissioners.