Election Commission [Art 324-329]
"Elections are the bedrock of democracy & EC's credibility is central to democratic legitimacy" - former CEC, SY Quraishi
Art 324 : Election Commission --> Chief Election Commissioner and Other Election Commissioners (Conditions of Service) Act, 1991
- Composition & Conditions of Service
- CEC vs ECs
- Independence
- Power & Functions
- Administrative
- Advisory
- Quasi-judicial
- Constitution : Art 324 “superintendence, direction and control of elections”
- RPA 1950 & RPA 1951
- EC Act,1991
SC held Art 324 “operates in areas left unoccupied by legislation and the words ‘superintendence, direction and control’ as well as ‘conduct of all elections’ are the broadest terms”. EC has residuary & plenary powers to discharge their function for free & fair election
Issues with EC : Structural + Functional
- APPOINTMENT- selection done under aegis of PM & his cabinet min;
- by Prez on advice of political executive at Center : situation gives opportunity for ruling party to choose loyal [violation of Art 14 - Equality]
- REMOVAL : Procedure to remove ECs vague, says petition in SC
- Limited INDEPENDENCE
- no prescribed qualifications
- not debarred retiring ECs from further appointment by govt
- not charged on CFI
- INSTITUTIONAL LIMITATION: No separate independent & permanent secretariat
- FUNCTIONAL LIMITATION :
- No power to de-register pol parties
- No explicit power to postpone polls if evidence of money power use to influence voters(has to invoke Art 324)
- Allegation of political biasness
- Internal Dissent in EC
Strengthening ECI : (recommendations)
- APPOINTMENT-
- Tarkunde Panel(1975) - by collegium(PM, LoP-LS, CJI)
- 2nd ARC - by a broad based Committee on lines of CVC, NHRC
- REMOVAL- giving equal constitutional protection to all members of Commission in matters of removability; [ amend Article 324(5) ]
- Financial AUTONOMY - its budget should be ‘charged’ on consolidated fund of India- just like CAG and UPSC.
- creating a permanent, independent Secretariat for the ECI.[insert Art 324(2A)]
- Increasing POWER -
- to de-register defunct PP
- adding clause 58B to RPA to postpone polls if money power used to influence voters (58A- booth capturing + muscle power)
Suggestions of Law Commission Report on Electoral Reform #255(Justice AP Shah, 2015)
Strengthening the office of the Election Commission of India
- making the appointment process of the ECs and the CEC consultative; [amend Election Commission Act, 1991]
- PM + LoP of the Lok Sabha (or the leader of largest opposition party in LS ) + CJI
- giving equal constitutional protection to all members of Commission in matters of removability; [ amend Article 324(5) ]
- creating a permanent, independent Secretariat for the ECI.[insert Art 324(2A)] - along the lines of the LS/RS Secretariats
Electoral Reforms by ECI :
- Model Code of Conduct - 1971
- Registration of political parties - To eliminate the mushrooming of parties
- Decriminalisation of Politics
- Limits on political expenses
- Use of S&T advancements - EPIC,EVM, Computerisation of electoral records
- RPA Amendment to make 'paid news' an electoral offence
- SVEEP : Systematic Voters' Education and Electoral Participation
