Concerns Regarding Independence of the Election Commission

Syllabus: GS2/ Polity and Governance

Context

• Recent controversies surrounding electoral rolls, appointment procedures, and institutional autonomy have raised concerns about the functioning of the Election Commission of India (ECI).

Concerns Regarding Election Commission

• Electoral Roll Manipulation: Concerns have been raised regarding the Special Intensive Revision (SIR) of voter lists.
  • Reports of deletion of large numbers of voters, particularly from certain regions, have sparked fears of disenfranchisement.
• Controversy Over Appointment Process: The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Act, 2023 altered the selection mechanism.
  • It is argued that exclusion of the judiciary from the selection committee may increase executive influence. This issue has been challenged in court and remains a matter of constitutional debate.

Article 324 of Constitution

• Article 324 of the Constitution states that the Election Commission will comprise the Chief Election Commissioner (CEC) and such number of Election Commissioners (ECs), as the President may decide.  
• The Election Commission of India (ECI) is responsible for managing the preparation of electoral rolls and conducting elections to Parliament, State Legislatures, and the offices of the President and Vice-President.  
• The Constitution specifies that the President will appoint the CEC and ECs, subject to the provisions of an Act of Parliament.

Key Features of the CEs and ECs Appointment Act, 2023

• It replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. 
• Election Commission:  The Election Commission will consist of a Chief Election Commissioner (CEC) and other Election Commissioners (ECs).  The President will periodically fix the number of ECs.
• Appointment of the Commission: The Commission will be appointed by the President, upon the recommendation of the Selection Committee.
  • The Selection Committee will comprise the Prime Minister, Cabinet Minister, and Leader of Opposition in Lok Sabha (or leader of the single largest opposition party).   
  • A Search Committee headed by the Cabinet Secretary will suggest five names to the Selection Committee.  
  • The Selection Committee may consider any person other than those suggested by the Search Committee.
• Term and reappointment:  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.  
  • If an EC is appointed as a CEC, the overall period of the term may not be more than six years.
• Salary and pension: The salary, allowances, and other conditions of service of the CEC and ECs will be equivalent to that of the Cabinet Secretary. 
• Removal: The CEC may be removed in the same manner and on the same grounds as a Supreme Court Judge.
  • ECs may be removed only upon the recommendation of the CEC.

Judicial Interventions

• Indira Gandhi vs Raj Narain (1975): The Supreme Court of India held that free and fair elections are part of the Basic Structure of the Constitution.
• T. N. Seshan vs Union of India (1995): It validated the multi-member nature of the Commission and clarified that the CEC is “first among equals,” not an absolute authority.
• Vineet Narain vs Union of India (1997): It clarified procedural safeguards relating to removal and functioning of independent institutions.
• Anoop Baranwal vs Union of India (2023): Recommended inclusion of the Chief Justice of India in the selection committee for Election Commissioners until Parliament enacted a law.

Major committees on electoral reforms

• Dinesh Goswami Committee (1990): It recommended stringent steps to curb booth capturing, including deployment of central forces and provision for re-polls where malpractice occurred.
• Indrajit Gupta Committee (1998): It examined the growing role of money power in elections and concluded that state funding was necessary to ensure a level playing field but such funding should be provided in kind rather than cash to prevent misuse.
  • The committee also suggested that only recognised national and state parties should be eligible for such support.
• Law Commission of India: It recommended that candidates should not be allowed to contest from more than one constituency to avoid unnecessary by-elections and public expenditure.
  • The report also emphasised the need for internal democracy within political parties, transparency in political funding, and reforms to reduce defections and instability in coalition politics.

Way Ahead

• The appointment process of Election Commissioners should be made more broad-based to enhance public confidence in the Commission’s neutrality.
• Reforms in political funding, including greater disclosure of donations, are necessary to reduce undue influence of wealth.
• Continued improvement in election management systems, including secure electronic processes, can increase efficiency and trust. Independent audits and verification mechanisms should accompany technological adoption to address public concerns.

Source: TH