The Election Commission of India (ECI) is an autonomous constitutional authority responsible for overseeing all parliamentary and state elections in the country. Its primary role is to guarantee free and fair elections, which is a fundamental aspect of the democratic process. Usually appointed by the President of India, the ECI is composed of a Chief Election Commissioner (CEC) and two Election Commissioners (ECs).
The Importance of Inner Party Democracy
Recently, the Lok Sabha introduced a private member’s Bill that proposes to give the ECI the responsibility of regulating and monitoring the internal functions of political parties in India. This development comes when the Supreme Court is considering petitions on reforms needed in the appointment of CEC and ECs. The idea behind this Bill is to improve transparency, accountability, and adherence to rules in the functioning of political parties, many of whose internal mechanisms have become overly opaque and rigid.
Understanding Private Member’s Bills
A Private Member’s Bills is proposed by any Member of Parliament who is not a minister. These bills aim to highlight issues and legislative gaps that MPs feel need to be addressed by the government. Though their introduction requires a one-month notice and can only be discussed on Fridays, a Bill’s rejection does not impact the parliamentary confidence in the government or necessitate its resignation. The last Private Member’s Bill passed in both Houses was in 1970.
Key Proposals in the Bill
The Bill proposes significant changes to the functioning of the ECI. It suggests that appointments to the ECI should be made by a panel including the Prime Minister, Union Home Minister, CEC, Leaders of Opposition from both Houses, Chief Justice of India, and two senior-most judges of the Supreme Court. The Bill also specifies tenure lengths for the CEC, ECs, and Regional Commissioners and outlines procedures for their removal. It also includes penalties for political parties that do not follow ECI advisories regarding their internal functions.
Structure of the Election Commission of India
Initially, the ECI had only one Election Commissioner but was made a multi-member body after the 1989 Election Commissioner Amendment Act. The CEC and ECs are appointed by the President of India, and they enjoy status, salary, and perks equivalent to Judges of the Supreme Court. Their tenure is fixed at 6 years or till the age of 65, whichever is earlier.
Powers and Responsibilities of the ECI
The ECI’s responsibilities include defining electoral constituencies, maintaining voter registrations, scheduling elections, granting party recognitions, allocating election symbols, and more. Its advisory jurisdiction includes matters of post-election disqualification of sitting MP and State Legislatures members. The ECI also issues the Model Code of Conduct (MCC) for political parties and candidates during elections.
Recent Controversies Surrounding the ECI
Several issues have recently come up concerning the ECI. Many Chief Election Commissioners have not completed their full tenures since 2004, limiting their ability to make substantial changes. The ECI’s financial dependence on the Union Government is another concern, despite provisions intended to ensure its independence. Its staff dependency on Central and State Governments during elections, limited power in regulating inner-party democracy, and potential government influence in appointments have also raised eyebrows.
Suggested Reforms
Several committees have recommended changes to improve the ECI. These include the appointment of Election Commissioners by a committee of key national figures, equal Constitutional protection for all ECI members concerning job security, and the creation of a dedicated election management cadre.
