Mains Daily Question
Jan. 23, 2024
Q1. The recent judgement of the Supreme Court related to the appointment of Chief Election Commissioner and other election commissioners is a welcome step, but several other issues still affecting the functioning of the institution. Discuss. Also suggest necessary reforms to strengthen the election watchdog.(10M, 150W)
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Approach to the answer: Understanding and structuring the answer: The question has two main parts – 1) Issues in EC and 2) Necessary reforms. Provide additional election reforms for a comprehensive answer. Introduction: Type 1: Give the recent supreme court judgement about appointment of election commissioners. And Type 2: Give constitutional provisions about EC and highlight its role. Body: Heading 1: Issues still Existing: Give existing issues in EC Heading 2: Reforms: Quote expert committees like NCRWC, Law Commission and Dinesh Goswami Committee for value addition. Conclusion: Type 1: Give a forward-looking conclusion about the need to strengthen EC to conduct free and fair elections. Type 2: Highlight other electoral reforms as suggested by EC. |
Answer: Recently, Supreme Court (in Anoop Baranwal Case 2023) has introduced a collegium system for the appointment for the appointment of Election Commissioners. The collegium includes the Prime Minister, the Leader of the Opposition in Lok Sabha and the Chief Justice of India (similar to the appointment of the Director of the Central Bureau of Investigation).
This has been a longstanding demand by various commissions like NCRWC and 2nd ARC. However, the court has restricted itself to only appointment process.
Issues still existing in EC
- Removal Process: Currently, only the Chief Election Commissioner can be removed through impeachment whereas the other two Election Commissioners can be removed as per CEC’s recommendations.
- Financial Dependence: Currently, the Election Commission’s expense is voted and approved by the Parliament thereby making it financially dependent on the Parliament.
- Secretariat: The Election Commission does not have a separate and independent secretariat of its own. It relies on the human resources which are provided by the government.
- Power to Deregister: The Election Commission has the power of registration under Section 29A of RPA 1951. However, it does not have power to deregister a political party.
- Security of Tenure: The Constitution has not specified any fixed tenure for the Election Commissioners.
Reforms in EC
- Removal Process: The election commissioners should be extended the same level of protection against removal as that of Chief Election Commissioner. (Dinesh Goswamy Committee)
- Financial Independence: The expenses of the Election Commission should be charged on Consolidated Fund of India as it is done for other Constitutional Bodies. (NCRWC)
- Independent Secretariat: The Election Commission should be provided with a permanent and independent secretariat of its own. All India Election Service can be formed to supply high grade officers to the commission.
- Power to Deregister: The Election Commission must have power to deregister political parties as suggested by Law Commission in its 255th report on electoral reforms.
A strong and independent election commission is essential for safeguarding the integrity of the electoral process, protecting democratic principles, and ensuring the will of the people is reflected through free and fair elections.
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Additional information: Other election reforms -
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