Independent Collegium For Election Commission
Source : The Hindu
GS II : Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies

Why in News ?

A petition was moved in the Supreme Court for seeking the constitution of an independent collegium for making appointments to the Election Commission.

Read in-line with : Formalise Election Commissioners appointment through law

Key Facts

• The Association of Democratic Reforms moves to court.
• Petition says the present process of appointing members to the Commission by the executive is incompatible with Article 324 (2) of the constitution.
  • The present system of appointment is a violation of Article 324 (2) of the constitution.
  • It should be appointed by an independent collegium.
• The appointment of members of Election Commission on the “pick and choose” of the executive violates the very foundation for which it was created.
  • It leads EC a branch of executive.
• Present System
  • Based on the Transaction of Business rules 1961, the President shall appoint the CEC and EC based on the recommendations made by the Prime Minister.
  • The Parliament has the power to regulate the terms of conditions of service and tenure of ECs according to Article 324(5).

Article 324(2) states that the President shall, with aid and advice of the Council of Ministers, appoint CEC and ECs, till Parliament enacts a law fixing the criteria for selection, conditions of service and tenure.

Report infavour of Independent Collegium For Election Commission

I. 255th Law Commission Report

• Ministry of Law and Justice, in January 2013, requested the Twentieth Law Commission of India to consider the issue of “Electoral Reforms”
  • After detailed deliberations, the Commission has now come up with its recommendations which are put  in the form its final Report, Report No.255, titled “Electoral Reforms”.
  • Aim to consider the issue of ‘electoral reforms’ in its entirety and suggest comprehensive measures for changes in the law.
• It was recommended that the appointment of all the Election Commissioner should be made by the President in consultation with a three-member collegium or selection committee consisting of the
  • Prime Minister
  • Leader of the Opposition of the Lok Sabha
  • Chief Justice of India
• This is still under the consideration of Government.

II. 4th Report by the Second Administrative Reform Commission

• Recommended for the constitution of a neutral and independent collegium
• It is headed by the Prime Minister with the
  • Speaker of the Lok Sabha
  • Leader of Opposition in the Lok Sabha
  • Law Minister
  • Deputy Chairman of the Rajya Sabha
• These members for making recommendations for consideration of the President for appointment of the Chief Election Commissioner and the Election Commissioners. 

III. Dinesh Goswami Committee in its Report of May 1990

• Recommended for the effective consultation with neutral authorities like
  • Chief Justice of India
  • Leader of the Opposition for the appointment in Election Commission

IV. Justice Tarkunde Committee in its Report of 1975

• Recommended that the members of Election Commission should be appointed by the President on the advice of a Committee consisting of the
  • Prime Minister
  • Leader of the Opposition in the Lok Sabha
  • Chief Justice of India

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