Current Affairs

SUPREME COURT TO HEAR PLEAS OVER CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS ACT 2023

by | Mar 15, 2024

The recent development surrounding Election Commission of India has sparked so the Supreme Court to hear pleas over Chief Election Commissioner and Other Election Commissioners Act 2023.This development comes on the heels of Arun Goel’s unexpected resignation just before the pivotal Lok Sabha elections, raising alarm bells about potential biases in filling these vacancies. The plea, spearheaded by the Association for Democratic Reforms (NGO), seeks to halt the implementation of a new law governing EC appointments, underscoring the imperative of impartiality in the selection process.

Background 

The Electoral Commission of India (ECI) has long been a cornerstone of India’s democratic process, entrusted with overseeing fair and transparent elections as enshrined in Article 324 of the Constitution. However, recent legal developments have highlighted the need to safeguard the EC’s independence from undue executive influence.

Ensuring the Integrity of Electoral Oversight

Editorial voices join the chorus of concerns, emphasizing the EC’s pivotal role in upholding the democratic fabric of India. They underscore the dangers of governmental interference in EC appointments, which could compromise the sanctity of the electoral process and erode public trust in democracy.

Key Highlights: 

The current bill seeks to overhaul the mechanisms governing EC appointments, salaries, and removal procedures. Key amendments include the establishment of a Selection Committee tasked with recommending candidates for EC positions, as well as stringent eligibility criteria and tenure limitations for EC officials.

Chief Election Commissioner and Other Election Commissioners Act, 2023.

Election Commission (EC) plays a pivotal role in overseeing the electoral process, as enshrined in Article 324 of the Constitution. Initially, the appointment of EC officials rested with the President. However, recent legal developments, notably Supreme Court rulings, have underscored the necessity of ensuring the EC’s independence from executive influence.

Key Highlights: Insights into the Bill & Notable Features

Highlights of the Bill

  • The current bill supersedes the existing 1991 Act, aiming to redefine the mechanisms governing the appointment, salary, and removal of both the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
  • A critical change is the adoption of a Selection Committee, comprising the Prime Minister, a Cabinet Minister, and the Leader of the Opposition, tasked with recommending suitable candidates for EC positions.

Key Features

  • The bill outlines stringent eligibility criteria emphasizing integrity and expertise in election management.
  • Tenure limitations, fixed at six years or reaching the age of 65, underscore the importance of institutional continuity and rejuvenation.
  • It enshrines provisions for the removal of EC officials, aligning with constitutional principles and safeguarding against arbitrary dismissal.

Critical Examination: Key Issues and Analytical Insights

  • Concerns loom over the potential for government domination in the appointment process, given the majority representation of ruling party members in the Selection Committee.
  • An intrinsic flaw lies in the provision allowing the Selection Committee to remain operational even in the absence of crucial members, potentially undermining the EC’s independence.
  • Furthermore, the discretionary power granted to the Selection Committee to overlook the recommendations of the Search Committee raises questions about the transparency and fairness of the appointment process.

Significance and Implications

  • While the bill represents a significant step towards formalizing the appointment process for EC officials, inherent loopholes threaten to compromise the EC’s autonomy and impartiality.
  • As such, it becomes imperative for lawmakers to address these concerns comprehensively, ensuring that the EC continues to function as a beacon of electoral integrity and democracy in India.

Critical Examination: Key Issues and Analytical Insights

Despite the bill’s intentions to streamline the EC appointment process, concerns persist regarding potential government dominance in the selection committee and the provision allowing the committee to bypass recommendations from the Search Committee. These issues not only raise questions about transparency and fairness but also pose a significant threat to the EC’s autonomy.

Implications and Call for Action

As India braces itself for crucial elections, addressing these concerns becomes paramount. Leaving vacancies in the EC unfilled risks undermining the integrity of the electoral process and eroding public trust in democracy. Urgent action is needed to ensure that the EC remains an unwavering bastion of impartiality and electoral integrity in India.

By proactively addressing these issues and reaffirming their commitment to upholding democracy, lawmakers can safeguard the sanctity of India’s electoral process and ensure free and fair elections for all citizens.

Source- PRS and The Hindu 

Also Read- Article 324

 

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

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