In recent news, a petition has been lodged with the Supreme Court (SC), calling for the establishment of an independent collegium to appoint members to the Election Commission.
About the Election Commission of India
The Election Commission of India operates as an autonomous constitutional authority. Its key responsibility is to manage Union and State election processes within India. This includes overseeing elections for the Lok Sabha, Rajya Sabha, State Legislative Assemblies, as well as the offices of the President and Vice President. Article 324 of the Constitution mandates the Election Commission to superintend, direct, and control these elections.
Starting off with a single election commissioner, the Election Commissioner Amendment Act of 1989 expanded the commission to include multiple members, currently consisting of one Chief Election Commissioner (CEC) and two Election Commissioners (ECs). The commission’s secretariat resides in New Delhi.
Present System of Appointment
As stated in the Indian Constitution, there is no specific procedure for appointing the CEC and the ECs. However, under the Transaction of Business rules 1961, the President appoints the CEC and ECs based on recommendations from the Prime Minister, thereby making it an executive power of the President. On the other hand, Article 324(5) allows the Parliament to regulate the terms of service and tenure of the ECs.
Considering this, the Election Commission Act, 1991 was passed to define the conditions of service for the CEC and the ECs as well as the transaction procedure of the ECI.
The Need for an Independent Collegium
Since 1975, several expert committees have recommended the establishment of a neutral collegium to fill vacancies within the Election Commission. These recommendations were also included in the Law Commission’s 255th report in 2015.
However, issues surrounding the independence from political and executive interference remain. Critics contend that leaving appointments to the whims of the Executive jeopardizes the very foundation of the Commission, effectively making it an extension of the Executive.
Challenges Faced
The key challenges faced include similar demands for a collegium system for additional constitutional positions such as the Attorney General or the Comptroller & Auditor-General. As these positions are also mandated by the executive, the call for committees for these positions parallels those made for the EC.
Additionally, differentiating between the roles of the CEC and EC proves challenging, given the lack of constitutional law outlining their respective appointment processes. Furthermore, the SC must maintain a careful balance when interpreting laws regarding the appointment procedure of the EC, as per the constitutional provisions, while avoiding overreach into the executive domain.
The Way Forward
To rectify the current shortcomings in the appointment process, it is vital to introduce safeguards ensuring that capable and ethical individuals occupy the concerned positions. This requires thorough debate and discussion within Parliament on the issue of ECI’s independence and consequently, the passing of necessary legislation.