Formalise Election Commissioners appointment through law
Source : The Hindu
GS II : Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies
In News
The court was hearing a PIL filed contending that successive governments failed in the constitutional obligation to set up a fair just and transparent process for selection of election commissioners since the adoption of the Constitution.
- Appointments were made by the President solely on the basis of the advice given by the political-executive at the Centre.
- It should be Formalise Election Commissioners appointment through Law
Also Read : Independent Collegium For Election Commission
Court Observation
- Election Commissioners, who are charged with the free and fair conduct of polls in a democracy, should be appointed through a “most transparent and just process” formalised by a law enacted by the Parliament.
- None other than the Prime Minister is involved in the selection of the election commissioners, Besides it is for the parliament to decide whether there should be a law or not.
- There is a “gap” due to the lack of a parliamentary law which transparently spells out the eligibility, criteria required for a person to be an election commissioner.
Election Commission
- Election Commissioners, who are charged with the free and fair conduct of polls.
- The appointment of the chief election commissioner and other election commissioners shall be made by the president.
- The President of India (based on a recommendation from incumbent Govt of India) appoints the Chief Election Commissioner.
- Conventionally, senior-most Election Commissioner is appointed as CEC.
- He has tenure of six years, or up to the age of 65 years, whichever is earlier.
- President may also appoint after consultation with the election commission such regional
commissioners as he may consider necessary to assist the election commission. - At present, the Election Commission of India is a three-member body, with one Chief Election Commissioner and two Election Commissioners.
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