Election Commission Is Threatened
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Supreme Court calls out center court tenures of Chief Election commissions. Centers paying mere ‘ lip-service to the independence of commissioners have had a term of just a few hindered.
The news –
A five-judge constitution bench headed by Justice KM Joseph is hearing a petition seeking reforms in the system of appointing election commissioners.
Election commission of India –
The Election Commission of India is an autonomous constitutional authority and watchdog of the constitution responsible for the administration of processes in India. EDI administers elections to the Lok Sabha, Rajya Sabha, and state legislative assemblies in India, and the president and vice president in the country. Election commission of India – Article 324 in the constitution of India 1949. The election commission shall consist of the Chief election commissioner and such number of election commissioners, if any, as the president may from time to time fix, and the chief election commissioner and other election commissioners shall, subject to any law made on that behalf by parliament, be made by the president.
Originally the election commission had only one election commissioner but prompted by the supreme court’s observation in S.S. Dhanoa’s case, the center brought the commissioner and other election commissioners amendment ordinance, 1993 which member body. The appointment of the chief election commissioner and other election commissioners shall be made president. There is, generally senior bureaucrats are appointed as ECS. They are of 6 years or until they attain the age of 65 years.
By writing to the president. Before the expiry of their term.
The actual procedure –
First, a list is prepared of all senior bureaucrats and then the law ministry which is then forwarded to the PM, the lawyer expended. We need to see to what extent the court can get into this process. The system is working fine and there is no trigger point for the court in this case”.
Removal procedure –
The chief election commissioner can be removed from office only through a process of removal similar to that of a supreme court judge by parliament judges of High Courts and Supreme Courts, CEC, Comptroller and Auditor may be removed from office through a motion adopted by Parliament.
Proven misbehavior or incapacity.
Special majority needed –
Removal requires a special majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house.
SC Observation –
The Apex court pointed out that the situation on the ground is alarming and that it wants a CEC like the late TN Seshan, known for bringing key electoral reforms as the pool panel chief from 1990 to 1996. What is needed is that we put a fairly good procedure so that apart from competence, someone of strong character is appointed as the CEC. There is no procedure even after 70 years. The court pointed out that since 2004, no CEC has completed a six-year tenure. During the 10-year rule of the UPA, there were six CES and in the eight years of NDA, there have been eight. The members are giving such a truncation to the ECs and CECs that they are doing their bidding.
Collegium-like body from the moment.
CJI suggestion for CEC.
Other Suggestions –
Supreme court also mentioned constitutional mechanisms prevalent in countries like Sir Kanka, Nepal, Pakistan, and the United Kingdom in the appointment of Election authorities. The speaker’s committee on the electoral commission, with membership drawn from MPs within the UK parliament, oversees the recruitment of electoral commissioners. The candidates for these posts are then approved by the House of Commons and appointed by HM the Queen. The speaker’s committee is also responsible for deciding any reappointment of members following the first term of the section.
Arun Goel assumes charge as election commissioner –
the ECI had a vacancy since May 2022, and Arun Goel IAS officer of the Punjab cadre took voluntary retirement in November. He was to retire on December 31, 2022, after aftecompletionte of age. On November 19, 2022, he was appointed by the president. SC to Govt. Show us EC Arun Goel’s appointment file, if not hunky doesn’t fear. The bench said it wanted to know the mechanism that was followed to produce the file on Thursday and when it will hear the matter again.
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