May 23, 2024

Context: The Election Commission of India (ECI) has recently urged the BJP and the Congress to avoid divisive issues during their election campaigns. This move is seen as a positive but overdue step, as the ECI has previously been criticized for being ineffective and biased, partly due to its appointment process being controlled by the executive branch. 

• The ECI specifically addressed BJP President J.P. Nadda regarding inflammatory remarks made by Prime Minister Narendra Modi, and Congress President Mallikarjun Kharge to prevent caste and community tensions. The ECI also censured BJP candidate Abhijit Gangopadhyay for comments against Trinamool chief Mamata Banerjee. 

While actions have been taken against various political leaders for violating the model code of conduct (MCC), these efforts may not fully establish the ECI's impartiality. 

If we look at the syllabus of GS paper II:

• Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

You can see that UPSC mandates us to prepare Appointment, powers and functions of constitutional bodies like CAG, CEC and UPSC. So, we will cover issues in the aforementioned factors and resolution of these issues. A special reference will also be made to the recently passed The CEC and Other Election Commissioners Act, 2023. 

About Election Commission of India

The Constitution envisages the Election Commission (ECI) as an independent body that is responsible for conducting free and fair elections.  The Supreme Court has noted that such a body should be completely insulated from external pressures from the ruling party, and must not be chosen by the Executive exclusively. 

Members of the Constituent Assembly had also noted that the responsibility of conducting elections should be entrusted to people who are free from political influences and local pressures. 

Dr. B.R. Ambedkar had stated that for elections to be free in the real sense of the word, they should be taken out of the hands of the government of the day.  The Supreme Court (2023) has also stated that any action of the ECI which treats political parties in an uneven or arbitrary manner could breach the right to equality. Over several judgements related to judicial independence, the Court has established that independence requires insulation from the government during appointments and while performing its functions. 

Issues plaguing Election commission:

• Lack of parity in removal of the CEC and ECs 
  • Article 324(5) of the Constitution protects only CEC from removal, except if the manner and grounds of removal are the same as a judge of the Supreme Court. 
  • However, ECs can be removed by the government on the recommendation of the Chief Election Commissioner. 
  • The New act retains such a provision.

• The appointment of CEC and other ECs according to the Article 324, shall be done as per the law made by the Parliament in this regard. 
  • The new law CEC appointment act,2023 is marred with issues 
    • Selection Committee is dominated by the government. 
    • Selection Committee’s recommendations to be valid in spite of vacancy or defect in constitution. 
• The constitution has not prescribed the qualifications (legal, educational, administrative, or judicial) of the members of election commission. 
  • The new eligibility criterion under CEC appointment act, 2023 may exclude other suitable candidates: 
    • Under the Act, only a person who is or has been at a rank equivalent to Secretary to the government will be eligible to be the CEC or EC.  In addition to administrative functions, an Election Commission also acts in a quasi-judicial capacity.  It decides on the disqualification of Members of Parliament and State Legislatures and adjudicates disputes such as those arising out of allotting symbols, or registering political parties. 
    • By limiting the eligibility criteria of the CEC and ECs to civil servants, the Bill may exclude other qualified individuals from such posts.
• The constitution has not debarred the retiring Election commissioner from any further appointment by the government. 
• There is no clarity regarding the power division between the Chief Election Commissioner and other Election Commissioners. 

Reforming the Election Commission of India: A Concise Action Plan

• Qualifications and experience for Commissioners, focusing on legal expertise, administrative competence, and integrity.
• Guarantee secure tenure for all Election Commissioners to prevent arbitrary removals and political influence. 
• Clearly define roles and responsibilities of Chief Election Commissioner and other Commissioners to prevent conflicts.
• Introduce rules preventing retiring Commissioners from taking immediate government positions to prevent conflicts of interest.
• Consider amending the Constitution to grant the Election Commission greater autonomy from government influence.
• Invest in regular training for Commissioners and staff to improve their understanding of electoral processes and technologies.
• Launch awareness campaigns to educate citizens about their voting rights and the significance of elections.
• Periodically review and adapt the Commission's functioning to address emerging challenges and maintain electoral integrity.

Implementing these focused reforms will bolster the Election Commission's credibility, efficiency and impartiality, strengthening India's democratic foundation.