Election Commission of India: Appointments & Independence
Context:
Opposition parties in the Lok Sabha criticized Government’s electoral reforms, questioning the neutrality of the Election Commission and its legal right to conduct the ongoing Special Intensive Revision (SIR).
Election Commission of India:
Article 324 of the Constitution empowers ECI with the power of superintendence, direction and control of elections to parliament, state legislatures, the office of President of India and the office of Vice-President of India.
In Anoop Baranwal case (2023), the Supreme Court gave the following directions to ensure the independence and neutrality of the Election Commission.
appointment of the Chief EC and the EC’s shall be made on the recommendations of a three-member committee consists of PM (Chair), LoP in Lok sabha and The Chief Justice of India.
The 2023 Act has overridden the CJI’s role and replaced it with a Union Cabinet Minister.
Members of the Election Commission will hold office for six years, or until they attain the age of 65 years, whichever is earlier.
Members of the Commission cannot be re-appointed.
Under the 1991 Act, salaries of CEC and ECs are equivalent to the salary of a Supreme Court Judge.
Article 125 of the Constitution requires that the salary of a Supreme Court Judge be fixed by an Act of Parliament.
Independence of the ECI:
Article 324 establishes the ECI and expects it to function free from executive influence.
Two out of three members in Selection committee belongs to the ruling government, the process can be dominated by the executive.
The Selection Committee may choose any person, even those not recommended by the Search Committee.
The Chief Election Commissioner and Other Election Commissioners Act, 2023 restricts the CEC and ECs the pool to career bureaucrats, who were earlier equated to Chief Secretary in terms of Qualifications. This may affect functional autonomy.
Special Intensive Revision (SIR) Controversy:
Opposition members argued that the EC has no legal right to conduct the ongoing SIR across the country, as there is no specific provision for it in the Constitution or law.
According to the Opposition, SIR can only be conducted in specific constituencies after recording specific problems in writing.
EC's Stance:
The EC has contended that the SIR is being conducted to weed out illegal immigrants from the electoral rolls.