S Y Quraishi on the Collegium bill: How to make Election Commission credible

Source– The post is based on the article “S Y Quraishi on the Collegium bill: How to make Election Commission credible” published in “The Indian Express” on 11th August 2023.

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News– On Thursday, the day before the Monsoon Session is set to end, the government tabled the Chief Election Commissioner and other Election Commissioners (Appointments, Conditions of Service, Term of Office) Bill in the Rajya Sabha.

What is the context behind the introduction of Bill?

In March, a unanimous decision was given by the Supreme Court.

This verdict stated that a committee composed of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India would be responsible for appointing the Chief CEC and ECs until the Parliament enacts a law.

The ruling emphasised that the independence of the Election Commission necessitates a collegium. The court emphasised that safeguarding the integrity of the electoral process is crucial to uphold democracy.

The involvement of the Chief Justice of India will ensure fairness and shield the appointment procedure from any interference by the Executive branch.

Why is the ruling by SC significant?

It addresses concerns related to bias and the autonomy of institutions.

The existing selection process creates a notable drawback for newly appointed Election Commissioners (ECs). Irrespective of their impressive backgrounds, they remain vulnerable to being perceived as partisan.

Their actions carried out dutifully and in good faith, are frequently interpreted as favouring a specific political party. This underscores the necessity for a collegial approach to enhance public perception of the Commission’s impartiality and autonomy.

The Supreme Court verdict emphasised that the involvement of the CJI could counterbalance the unchecked influence of the executive branch over appointments.

What are some significant provisions of the Bill?

The proposed legislation aims to replace the Chief Justice of India (CJI) with a cabinet minister designated by the Prime Minister.

It provides for a search committee led by the Cabinet Secretary and consisting of two other members not below the rank of government secretary. This committee’s role is to compile a list of five potential candidates for the Selection Committee’s evaluation.

The Chief Election Commissioner (CEC) and other Election Commissioners (ECs) will be chosen from individuals who currently hold or have previously held a position equivalent to the rank of a government secretary.

These appointees must possess integrity, as well as knowledge and expertise in the administration and execution of elections.

The Bill safeguards the two Election Commissioners against removal and establish parity with the Chief Election Commissioner.

What are issues with the Bill?

The Commissioners were previously placed on the same level as Supreme Court judges since the enactment of the 1991 Act. They are now being relegated.

The Election Commissioner then and now remains equivalent to that of the Chief Secretary (CS) and the Supreme Court judge. But their position in the hierarchy of precedence is being diminished.

The provision that permits the Selection Committee to choose someone from outside the shortlist is completely undesirable and undermines the purpose of the shortlisting committee.

How the institutional independence of the Election Commission (EC) is a pressing concern at national and global level?

There has been a growing worldwide erosion of confidence in electoral bodies. The Gallup World Poll indicates that merely 50 percent of voters express trust in the fairness of elections. In the USA, this number was at 40% in 2019.

Even within India, the credibility of the EC has faced increasing scrutiny in recent years. Allegations of bias in election scheduling and the arbitrary removal of registered voters’ names, and disregard for blatant violations of the model code, have cast doubt on the EC’s reputation.

Recent democracy reports from the V-Dem Institute underline that various democracy indicators, including the autonomy of the ECI, have been on a decline in India.

What are issues with the collegium system for appointment of Election Commissioners?

The appointment of CBI directors, for instance, has been conducted through the collegium process. But, some of these appointments have not upheld a commendable reputation.

Additionally, there have been concerns about the inclusion of the Chief Justice of India (CJI) in the collegium.

CJI may possess legal expertise but might not be well-acquainted with the candidates. There are concerns regarding fair adjudication by CJI if an appointment is challenged in the Supreme Court.

The collegium system would gain further credibility if a unanimous decision were made a prerequisite for appointments.