"Preserving Independence: Debating Election Commission Autonomy in India"

This Post is based on the article "Safeguard the election panel’s independence" Which was Published in the Hindustan Times on 17th August 2023. 

• The article has provided a comprehensive analysis of the recent controversy surrounding the Union government's introduction of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023. 

• The central focus of this debate, as author highlighted, goes beyond the composition of the selection committee and delves into the broader issue of safeguarding the independence of the Election Commission of India (ECI).

The article can be summarised as follows:

Anoop Baranwal Verdict and Structural Independence: 

• The Anoop Baranwal vs Union of India judgment by the Supreme Court underscored the importance of maintaining the structural and operational independence of the Election Commission. 

• It examined the historical context of Article 324(2) of the  Constitution and emphasised the intention of the framers to establish a temporary arrangement until Parliament enacts a law to secure the ECI's independence.

• The Supreme Court held that the selection of the CEC must be done by a three-member committee comprising the Prime Minister (PM), the Leader of Opposition, and the Chief Justice of India (CJI). 

• The Election Commissioners bill replaces the CJI with a cabinet minister nominated by the PM.

Executive Influence on Appointments: 

• The concern lies not only in the composition of the selection committee, but also in the potential for executive dominance in appointing the Chief Election Commissioner. 

• The fear is that giving the executive branch this power might compromise the independence of the election watchdog, as the executive is part of the political game.

Fourth Branch Institutions in Democracy: 

• Election commissions, Information commissions and similar institutions are considered part of the "fourth branch" in democratic systems. 

• These institutions ensure civil rights, such as the right to vote and the right to information, by operating independently from the executive. 

• Their role includes checking executive overreach, which is crucial for maintaining a healthy democracy.

International Practice and Non-Partisan Appointments: 

• The article highlighted that in most democracies around the world, mechanisms for appointing election commissions are designed to be non-partisan and include multiple stakeholders. 

• These mechanisms often prevent executive dominance by involving various entities such as parliamentarians, civil society members, and opposition representatives.

Reframing the Debate: 

• The discussion should shift from focusing solely on the exclusion of the Chief Justice of India (CJI) from the selection committee to the broader issue of the ECI's independence. 

• The ultimate goal should be to establish a mechanism that ensures the ECI's independence, regardless of the political party in power.

Parliament and Civil Society Collaboration: 

• It's crucial for both Parliament and civil society to work collaboratively in designing a mechanism for appointments that guarantees the ECI's independence. 

• This would require a framework that upholds the principles of separation of powers and prevents undue influence from the executive branch.

To conclude, The author provides valuable insights into the intricacies of the debate surrounding the appointment of the Chief Election Commissioner and the need to safeguard the independence of the Election Commission. It emphasises the importance of focusing on the broader principles of democratic governance and checks and balances, rather than getting bogged down in specific compositional changes in the selection committee.

Election Commission Of India :

• It is a permanent constitutional body under Article 324 of the Indian constitution.

• The Election Commission of India supervises the conduct of elections to the Parliament and Legislature of every State and elections to the offices of the President and Vice-President of India.

• It consists of the Chief Election Commissioner and two Election Commissioners.

• The President appoints Chief Election Commissioner and Election Commissioners.

• Tenure: 6 years, or up to 65 years of age, whichever is earlier.

• The status, salary and perks of election commissioners are equivalent to Judges of the Supreme Court of India.

UPSC Civil Services Examination, Previous Year Questions (PYQs)

Q. Consider the following statements: (2017)

1. The Election Commission of India is a five-member body.
2. The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(c) 2 and 3 only 

(d) 3 only

Answer: (d)