Election Commissioners (Appointment Conditions of Service and Term of Office) Bill 2023
Source: PRS India
GS II: Governance
Overview
- News in Brief
- Election Commissioners (Appointment Conditions of Service and Term of Office) Bill 2023
- Election Commission of India (ECI) and Chief Election Commissioner
Why in News?
Union Minister of Law and Justice Arjun Ram Meghwal introduced the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023 in the Upper House recently.
News in Brief
- So far, it was the sole prerogative of the government—the president appoints the CEC based on the Union council of ministers’ advice.
Photo by Element5 Digital on Unsplash - Election Commission of India (ECI) plays a defining role in maintaining the sanctity of India’s electoral democracy.
- Dinesh Goswami committee in 1990 that was tasked with recommending electoral reforms and ways to preserve the independence of the ECI.
- Court Ruling
- SC, in its March ruling, had referred to the Goswami report, which recommended that the CEC be appointed by the president in consultation with the LoP and the CJI.
- The ECs should be appointed by the president in consultation with the LoP, the CJI, and the CEC.
Election Commissioners (Appointment Conditions of Service and Term of Office) Bill 2023
- It repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
- Selection Committee
- Prime Minister as Chairperson
- Leader of the Opposition in Lok Sabha as member
- Union Cabinet Minister nominated by the Prime Minister as member.
- Leader of Opposition in Lok Sabha has not been recognised, the leader of the single largest opposition party in Lok Sabha will assume the role…
- Search Committee
- Search Committee will prepare a panel of five persons for the consideration of the Selection Committee.
- Search Committee will be headed by the Cabinet Secretary.
- Qualification of CEC and ECs
- Persons who are holding or have held posts equivalent to the rank of Secretary to the central government will be eligible to be appointed as CEC and ECs.
- Such persons must have expertise in managing and conducting elections.
- Term of office
- 1991 Act mandates that the CEC and other ECs will hold office for a term of six years or until they reach the age of 65 years.
- The Bill retains the same tenure.
- CEC and other ECs will not be eligible for re-appointment.
- Removal and resignation
- Under Article 324 of the Constitution, the CEC can only be removed from his office in a manner similar to that of a Supreme Court judge.
- 1991 Act provides that the CEC and other ECs may submit their resignation to the President.
Election Commission of India (ECI) and Chief Election Commissioner
Election Commission of India (ECI)
- Established on January 25, 1950, under Article 324 of the Indian Constitution.
- ECI plays a pivotal role in ensuring the democratic process, upholding the principles of representation and participation, and safeguarding the integrity of elections in India.
- The ECI derives its authority from the Constitution and operates as an independent body, separate from the executive, legislative, and judicial branches of government.
Primary Responsibilities
- Delimitation of Constituencies: The ECI undertakes periodic reviews to ensure equitable distribution of constituencies, reflecting demographic changes and maintaining the principle of one person, one vote.
- Conducting Elections: The ECI conducts elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and local bodies. It oversees the entire electoral process, including the issuance of notifications, voter registration, candidate nomination, polling, and counting.
- Enforcement of Code of Conduct: To ensure a level playing field, the ECI enforces the Model Code of Conduct during elections. This prevents the misuse of government machinery for electoral gains and curbs unethical practices.
- Monitoring Election Expenses: The ECI regulates and monitors the election expenses of candidates to curb the influence of money in politics, thereby promoting a fair electoral contest.
- Addressing Electoral Malpractices: The ECI combats voter suppression, booth capturing, bribing, and other malpractices by deploying central forces, implementing strict security measures, and using advanced technology like Voter Verified Paper Audit Trails (VVPATs).
- Promotion of Voter Awareness: The ECI carries out campaigns to educate voters about their rights, the importance of voting, and the significance of democratic participation.
Chief Election Commissioner (CEC)
- Chief Election Commissioner (CEC) of India is governed by the provisions of the Constitution of India.
- The CEC is the head of the Election Commission of India (ECI) and plays a crucial role in overseeing the conduct of elections in the country.
- The process of appointing the CEC is designed to ensure the independence and impartiality of the election machinery.
Key Points on the Appointment of the Chief Election Commissioner
- Constitutional Provisions: The appointment of the Chief Election Commissioner is guided by Article 324 of the Constitution of India.
- Tenure: The CEC and Election Commissioners (ECs) have a fixed tenure of six years, or until they reach the age of 65, whichever comes first. This provision is designed to insulate them from any undue influence or pressure during their term.
- Appointment Process: The President of India appoints the Chief Election Commissioner. The President acts based on the recommendation of the Prime Minister and in consultation with the Chief Justice of India. The consultation with the Chief Justice of India is aimed at ensuring that the appointment process is objective and impartial.
- Independence: The appointment process is designed to safeguard the independence of the Election Commission from the political executive. The Chief Election Commissioner is expected to act impartially and ensure that the electoral process remains free from any undue political influence.
- Removal: The Chief Election Commissioner can be removed from office in a manner similar to that of a judge of the Supreme Court. The President can remove the CEC through a process of impeachment that requires a special majority in both Houses of Parliament. This provision ensures that the CEC is not removed arbitrarily and only for valid reasons.
- Role and Functions: The Chief Election Commissioner, along with the other Election Commissioners, is responsible for conducting elections to various legislative bodies, ensuring a level playing field for all political parties, implementing the Model Code of Conduct, and addressing electoral malpractices.
- Significance of Independence: The independent functioning of the Election Commission is crucial for the credibility of the electoral process and the preservation of democratic values. The appointment process, tenure, and removal provisions collectively contribute to maintaining this independence.
Dinesh Goswami committee
- Committee in 1990 that was tasked with recommending electoral reforms and ways to preserve the independence of the ECI.
- It suggested providing state funding in kind to political parties.
- It also suggested that a candidate should not be allowed to contest election from more than two constituencies.
Other committees set up for electoral reforms
- Jaya Prakash Narayan Committee (1974)
- Jeevan Reddy Committee (1998)
- Tarkunde Committee (1975)
- Indrajit Gupta Committee (1998)
- Law Commission Report on Reform of the Electoral Laws (1999)
- The Second Administrative Reforms Commission (2008)
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