Relevance: GS-2 : Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies.

Key phrases: Election commission, Principal secretary

Why in news?

EC officials summoned by PMO

Analysis:

What is Election Commission?

• Permanent and an independent body established by the Constitution
• Article 324 provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of “President of India and the office of Vice-President of India
• Mohinder Singh Gill vs Chief Election Commissioner, Supreme Court held that Article 324 contains plenary powers to ensure free and fair elections, and ECI can take all necessary steps to achieve this constitutional objective.

Independence of Commission

• Security of tenure: The chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court.
• Service conditions: The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.
• 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
  Powers of EC
• Determination of territorial areas: To determine territorial areas of electoral constituencies throughout the country on the basis of the Delimitation Commission
• To prepare and revise electoral rolls
• Recognition: To grant recognition to political parties and allot symbols
• Advise to President: To advise the president on matters relating to disqualifications of the members of Parliament
• President’s rule: To advise President whether elections can be held in a state under president’s rule in order to extend the period of emergency after one year

Current issues with EC

• Qualification of members: The Constitution has not prescribed the qualifications (legal educational, administrative or judicial) of the members of the Election Commission.
• Politicization of ECI: The Constitution has not debarred the retiring commissioners from any further appointment by the government. Independence is prone to be compromised
• 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:
• 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
• 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.

Does EC meeting executive violate its autonomy?

• Frequent interactions between different institutions are an established practice in any democratic set-up, that too on questions of reforming systems.
• It is important to take the inputs of all the stakeholders, particularly the Election Commission, when the subject is electoral reforms.
• As long as the meeting is not held to discuss any subject relating to the conduct of elections, there is no impropriety in the Election Commission meeting with government officials
• The independence of any functionary is defined by his conduct and the integrity of the institution by the people manning it. Merely meeting equally-placed branches of the executive would not compromise this independence

Way ahead

• Appointment of Chief Election Commissioner: 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 [2nd ARC].
• It has also sought absolute financial freedom from the Law Ministry. Like the CAG and UPSC, the ECI wants its budget to be charged to the Consolidated Fund
• It has also proposed an independent secretariat for itself with which it will not have to depend on DoPT to appoint its officers

Source: Indian Express

Related Mains:

Q. What are the implications of the independence of constitutional bodies in a democratic system like India? Are they actually independent from the influence of global technology giants? (10 Marks, 150 Words)