The Election Commission — autonomy in the crosshairs

Source: The post is based on the article “The Election Commission — autonomy in the crosshairs” published in “The Hindu” on 30th August 2023.

Syllabus: GS2- Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

News: The article discusses the recent conflict between India’s government and judiciary over the appointment process of the Election Commission of India (ECI) officials. The government introduced a bill to change the Supreme Court’s directive on the appointment process, potentially giving the government more control over the ECI.

What is the recent conflict over the appointment process of ECI officials?

Read – Appointments to the Election Commission – Proposed changes

What past suggestions have been made for reforming the appointment process of ECI officials?

Constituent Assembly Debates (1949): Appointment of the CEC should be subject to confirmation by two-thirds majority in a joint session of both Houses of Parliament.

Committees’ Suggestions: Various committees, including the V.M. Tarkunde Committee in 1975 and the Dinesh Goswami Committee in the 1990s, along with the second Administrative Reforms Commission in 2009, emphasized a more inclusive appointment process. They recommended that the selection shouldn’t be left to the government alone but should involve a broader collegium.

B.B. Tandon’s Suggestion (2006):

A seven-member committee should select the CEC and other ECs. The committee should consist of:

Prime Minister

Lok Sabha Speaker

Opposition Leaders in both Lok Sabha and Rajya Sabha

Law Minister

Deputy Chairperson of the Rajya Sabha

A Supreme Court judge nominated by the CJI

BJP’s Previous Stand (2006 & 2012): Prominent BJP leaders like Arun Jaitley and L.K. Advani supported a representative collegium that included the CJI for appointing top electoral officials.

What are the implications of this bill?

Reduced Judiciary Influence: By replacing the CJI with a Union Cabinet Minister, the judiciary’s say in the appointment of ECI officials is effectively eliminated. The new composition gives the ruling government a dominant role in the selection process, potentially allowing it to have greater sway over the ECI.

Historical Context: Previously, suggestions from multiple committees and even from the current ruling party (BJP) emphasized the importance of including the CJI to ensure the ECI’s independence.

Democratic Concerns: The bill could be perceived as an attempt to make democratic institutions more compliant to ruling government, leaving structures in place but potentially altering their core functionality.

Erosion of Trust: Given the ECI’s reputation as a trustworthy institution, changes that give the appearance of partisanship might erode public confidence.