Autonomy of Election Commission
Context:
- On a critical issue relating to the process by which the Election Commission of India (ECI) is established and election commissioners are appointed throughout November and December, a Constitution Bench of the Supreme Court of India heard testimony.
- Although the Court hasn’t yet, it’s expected to at the beginning of 2019. The court’s decisions, however simple, have a significant impact on Indian democracy: Is it legal for the executive branch to have total control on ECI nominations? If not, what form of nomination is sufficient to maintain the ECI’s objectivity and the fairness of the voting process?
About the Election Commission:
- In order to guarantee free and fair elections across the nation, the Election Commission was specifically formed by the Indian Constitution as a permanent, independent organisation.
- According to Article 324 of the Constitution, the election commission must have the authority to supervise, direct, and oversee elections for the Indian Parliament, state legislatures, and the positions of president and vice president.
ECI’s composition:
- The Chief Election Commissioner (CEC) and any additional election commissioners (ECs), in the number the President may from time to time fix, shall make up the electoral commission.
- The president appoints the chief election commissioner and the other election commissioners.
- The chief election commissioner will serve as the election commission’s chairman whenever a new election commissioner is appointed.
- The president may also appoint any regional commissioners he deems essential to assist the electoral commission after consulting with it.
- The President may promulgate regulations defining the duties and terms of employment for regional commissioners and election commissioners.
CEC and ECs:
- Three election commissioners make up ECI at the moment. The CEC and two ECs have the same rights and privileges as a Supreme Court judge in terms of compensation, perks, and other advantages.
- The Commission will make a decision by majority vote if the CEC and ECs are unable to agree.
- They have the opportunity to resign at any moment or be removed from office before the end of their term. They hold that position for a period of six years or until they reach the age of 65, whichever comes first.
Among ECI’s responsibilities and power are:
- Establishing the electoral constituencies’ actual boundaries
- Making voter registration lists, notifying voters of election dates and times, and recognising political parties
- Giving parties election symbols
- Specify the election’s behaviour guidelines.
- Advising the President and Governor on issues pertaining to, respectively, the expulsion of legislators from the state legislature and the British parliament.
- The president will be informed after a year whether elections can be held in a state where the president is in charge of the government in order to prolong the state of emergency.
- Providing guidance to the Supreme Court and High Courts on issues involving post-election disputes between candidates and political parties
- The recognition of political parties and the attribution of electoral symbols to them are two other issues that it resolves as a court.
- The legislative branch, the executive branch, and the judicial branch are the three “wings” of the state according to the conventional understanding of modern democracy. The Constitution is in charge of dividing authority among these three wings and making sure there is a proper amount of reciprocal check and balance. The electoral commission is one organisation that handles administrative and implementational issues and is typically viewed as falling under the purview of the executive branch.
Examples from different nations:
- The existing constitutions of every country in the globe acknowledge this. For instance, in the constitutions of South Africa and Kenya, where they are referred to as “integrity institutions” and their “independence” is mandated, “fourth branch institutions” like election commissioners and human rights commissions are given special importance. Numerous individuals from various state branches typically take part in the appointment process for such boards.
Way Ahead:
- The Court therefore faces a challenging task. Ineffective, with a murky past, and undermining the rule of law, the current system, which gives the government total control over selections, is blatantly unacceptable. However, the Court must exercise caution to avoid applying band-aid or temporary fixes.
- The Court may also declare a suspended declaration of invalidity, which imposes a few temporary rules while leaving it to the legislature to implement a longer-term, structural solution.
