ECI

ECI has plenipotentiary powers drawn from Article 324 of the Constitution of India to conduct free and fair elections. In addition, Supreme Court has ruled: “ ...

Only these measures can provide a level playing field, usher in integrity and restore confidence in the umpire, which is the essence of free and fair elections. In a series of cases, the apex court has observed that fair and free elections is a basic feature of the Constitution. Some former CECs have been flagging the issue of appointment of ECs as key to the independence of ECI. Such is the status, role and power of the ECI. It must be noted that the ECI is not a subordinate entity of the government, but an independent constitutional authority. This flawed process of appointment has cast a shadow over the perception of the independence and fairness of the ECI. They enjoy the same status and receive salary and perks as available to judges of the Supreme Court of India. The avowed purpose of the ECI is to conduct free and fair election with expedition. This poses a serious danger to the fairness and integrity of not only the elections, but democracy itself. The Commission (disclosure: the writer is the coordinator) has dealt with the functioning of the Election Commission of India (ECI) before, during and after elections and came out with detailed findings. This order has decreed that the appointments should be made by the president of India based on advice from a committee comprising the prime minister, the leader of opposition in the Lok Sabha and the chief justice of India. The case of one dissenting EC, who was sidelined and then eased out, has caused irretrievable damage to the ECI’s independence and integrity.

While discussing the appointment of the Chief Election Commissioner by the President, Dr Ambedkar expressed his apprehensions in the Constituent Assembly on ...

Advani recommended the formation of a collegium comprising the Prime Minister as chairperson and the Chief Justice of India, the Law Minister and the Leaders of Opposition in the Lok Sabha and Rajya Sabha as members. [Chairman of the Drafting Committee Dr B R Ambedkar](https://indianexpress.com/article/research/when-ambedkar-defended-time-taken-for-drafting-constitution-4970935/) told the Constituent Assembly that thinking about an “unfit person” becoming Chief Election Commissioner gave him a “headache”, the issue of how appointments to the Election Commission of India (ECI) are to be made has been a tricky question. Keeping these important decisions as the exclusive preserve of the ruling party render the selection process vulnerable to manipulation and partisanship,” the BJP leader wrote, adding that it was time to amend the process. Thus even at that stage, there was a view that the procedure for appointment should be a broad based one, above all partisan considerations,” the reforms commission report stated. “My provision — I must admit — does not contain anything to provide against nomination of an unfit person to the post of the Chief Election Commissioner or the other Election Commissioner. These checks, he said, were likely to lead to “administrative difficulties”.

At a time when the poll panel faces criticism, the apex court order argues for transparency and fairness.

Therefore, any new law will likely have to stand the test of the spirit of independence as interpreted by the SC. A unanimous order by a five-judge Constitution bench said that a panel comprising the Prime Minister (PM), the Leader of Opposition (LoP), and the Chief Justice of India (CJI), shall appoint election commissioners (ECs) and the chief election commissioner (CEC) until Parliament brings in a law in this regard. However, with no such law in force, CEC and ECs were appointed by the PM and the council of ministers under the seal of the President.

While welcoming the Supreme Court order today with regard to the appointment of CEC and ECs, Congress party on Thursday said that a similar formula should ...

"Times have changed drastically. "Cases registered by the ED has increases manifold since 2014. Asked why the process of appointment of ECI members and chief was not changed when the Congress was in power, Singvi said that the kind of "micromanagement" that one could see now did not take place before.