ELECTION COMMISSION OF INDIA - POLITY
News: Retired IAS Arun Goel appointed as Election Commissioner of India
What is the news?
●
President Droupadi Murmu
has appointed retired IAS Arun Goel
as the Election Commissioner in the Election Commission.
●
A Punjab cadre officer of
the 1985 batch, Goel will join Chief Election Commissioner Rajiv Kumar and
Election Commissioner Anup Chandra Pandey in the poll panel.
● Till recently, Mr Goel was the heavy industries secretary and has also served in the Union Culture ministry.
Appointment and conditions of service of the Election
commissioner:
●
The Constitution does not provide any educational, legal,
administrative or judicial qualification for the appointment of members of the
election commission.
●
It has authorized the
Parliament to make laws for the appointment of members of the election
commission. The parliament, however, has not enacted any law in this regard.
●
The President of India appoints the Chief Election Commissioner and
Election Commissioners.
●
They have tenure of six years, or up to the age of 65 years,
whichever is earlier.
● They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
SC Judgement:
●
Recently in July 2017,
the Supreme Court hearing a plea seeking constitution
of a committee composed of the Prime Minister, leader of the opposition and
the chief justice of India for appointment of election commissioner expressed
concerns over the absence of a law on the appointment to election commission of
India and chief election commissioner.
● The apex court asked the government to formalize a law for the appointment of members of the election commission.
Removal of Chief Election Commissioner:
●
The Constitution provides
that the Chief election commissioner cannot be removed from his office except
in the like manner and grounds as a judge
of the supreme court. (Removed by the president based on a resolution to
that effect passed by a special majority
of both the houses on grounds of proved misbehavior or incapacity).
○ Removal
needs a special majority of two-thirds of the members present and voting, as
well as approval from more than half of the house’s total membership.
○ The
term “impeachment” is not used in the
Constitution to describe the removal of CEC.
●
Other election
commissioners or regional commissioners can be removed from the office only on
the recommendation of the Chief Election Commissioner.
● They can resign anytime or can also be removed before the expiry of their term.
Comparison of CEC and EC:
●
Though the Chief Election
Commissioner is the chairman of the election commission, his powers are equal
to the other election commissioners. All the matters in the commission are
decided by the majority amongst its members.
● The Chief Election Commissioner and the two other election commissioners receive equal salary, allowances and other benefits.
About Election commission of India:
●
It is a constitutional body responsible for
administering elections in India according to the rules and regulations
mentioned in the Constitution of India.
●
It was established on
January 25, 1950.
●
Its aim is to define and
control the process for elections
conducted at various levels: Parliament, State Legislatures, and the
offices of the President and Vice President of India.
● The ECI implements norms and the Model Code of Conduct (MCC) to ensure free and fair elections in the country.
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Articles related to Election commission of India: ● Article 324: Superintendence,
direction and control of elections to be vested in an Election Commission. ● Article 325: No person to be
ineligible for inclusion in, or to claim to be included in a special
electoral roll on the ground of religion, race, caste or sex. ● Article 326: Elections to the Lok
Sabha and Legislative Assemblies of States to be on the basis of adult
suffrage. ● Article 327: Power of Parliament to
make provision with respect to elections to legislature. ● Article 328: Power of Legislature of
a State to make provision with respect to elections to such Legislature. ● Article 329: Bar to interference by
courts in electoral matters.
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Powers and functions of Election commission of India:
1. Administrative functions:
●
Determine territorial
areas of electoral constituencies based on the delimitation commission act.
●
It prepares and revise electoral rolls and to register all eligible
voters.
●
It grants recognition to political parties and
allot election symbols to them.
●
Notify the dates and schedules
of elections and scrutinize nomination papers.
●
Supervise machinery of
elections throughout the county to ensure
free and fair elections.
●
It determines the Code of
Conduct and cancels polls in the event of booth capturing and other
irregularities.
2. Quasi-Judicial function:
●
It has the power to settle disputes related to recognition
granted to political parties.
●
It is entitled to act as
a court for matters relating to disputes arising out of the election symbol to
political parties.
●
It also has the power to disqualify a contender who
failed to lodge an account of his election expenses within a given time.
3. Advisory function:
●
It advises the President
and the Governor on matters relating to disqualification
of members of parliament and the state legislature. The opinion of the
commission in all such matters is binding.
● To Advise the president whether the elections can be held in a state under the President's rule to extend the period of emergency after one year.
Significance of Election Commission:
●
It conducts elections
with the highest standard of
credibility, freeness, fairness, transparency, integrity, accountability,
autonomy and professionalism.
●
It creates awareness
about the electoral process and electoral governance amongst stakeholders
namely, voters, political parties, election functionaries, candidates and
people at large.
● It plays an important role in preventing the dissemination of misinformation with the help of technological tools.
Independence of Election commission of India:
1. Security of tenure:
●
The Chief Election
Commissioner is provided with the security of tenure.
●
He cannot be removed from
his office except in the same manner and on the same grounds as a judge of the
Supreme Court.
2. Service conditions:
●
The service conditions of
the chief election commissioner cannot be varied to his disadvantage after his
appointment.
3. Removal of other Election Commissioners:
● Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.
Concerns in Election commission of India:
1. Qualification of members:
The Constitution has not prescribed the qualifications (legal, educational,
administrative or judicial) of the members of the Election Commission.
2. Politicization of ECI:
The Constitution has not debarred the retiring commissioners from any further
appointment by the government. Independence is prone to be compromised.
3. No legal backing for MCC:
MCC is based on consensus among political parties. ECI’s reservation against
bringing MCC under Representation of the People Act 1951.
4. Appointment:
Currently, the Executive enjoys the power to make appointments that affect the
ECI's independence and make the process of appointing election commissioners
partial and biased.
5. Limited powers of disqualification:
False affidavit or suspension of material information: Such act done by a
candidate in " the affidavit is not a ground for challenging the election
or for rejection
6. Fund requirement:
Even though being a constitutional body, ECI depends on the Law ministry for
its expenses.
7. Crisis of credibility: ECI has drawn flak over its response to the MCC violations such as use of Indian Army in political rallies despite ECI giving warning against it, VVPAT audits, violations of the MCC by Rajasthan Governor etc.
WAY FORWARD:
1. Appointment of Chief Election Commissioner:
●
Second
administrative reforms commission had recommended
that a collegium headed by the Prime Minister with the Speaker of the Lok
Sabha, the Leader of Opposition in the Lok Sabha, the law Minister and the
Deputy Chairman of the Rajya Sabha as members should make recommendations for
the consideration of the President for appointment of the Chief Election
Commissioner and the Election Commissioners.
2. Financial freedom:
●
The expenditure incurred
by the election commission should be charged
on the consolidated fund of India rather than the current practice of
parliament approval.
●
It has also proposed an
independent secretariat for itself with which it will not have to depend on
DoPT to appoint its officers.
3. Appointment:
●
A neutral body which comprises PM, Lok sabha speaker,CJI and other
independent members should be formed to appoint CEC and other election
commissioners.
●
The Tarkunde Committee on Electoral reform (1975) and Goswami committees on
Electoral reforms (1990) recommended the selection of a commissioner rather
than an appointment based on the discretion of the President.
4. Legal backup to MCC:
●
Legal backing for the
Model Code of Conduct is necessary to prevent its violation and power to be
given to EC to punish the violators.