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OP-ED DECEMBER 02, 2022 | The Indian Eye 12

Why a neutral Election

Commission matters

Views and opinions from the top commentators in Indian media

he legal challenge to the ap-
pointment of election com-
Tmissioners saw the Supreme
Court bench make strong observa-
tions on the current selection pro-
cess. The bench suggested that the
Chief Justice of India’s presence in
the appointment committee would
be appropriate and that Chief Elec-
tion Commissioners were getting
very brief tenures despite the six-year
term provided for them. The Centre
countered, questioning the wisdom
of judicial intervention and citing the
separation of powers doctrine. De-
mands for bipartisan appointments to
the Election Commission have been
around for decades, but governments
have seldom agreed. In that context,
the present constitutional challenge is
an interesting development.
What is important is a CEC’s in-
dependence, and the difficult removal
process requiring impeachment en-
sures the post has security of tenure. Arun Goel being welcomed upon assuming the charge as the new Election Commissioner of India in New Delhi on Monday (ANI)
Perhaps, the two other election com-
missioners must also be similarly pro- constitutional evolutions, including la? What happens in the case of open about a change in the approach of all
tected, since conventionally the senior that of appointments of the Supreme conflict between the commissioners? parties. The character of an election
most becomes CEC later. The prickli- Court itself, change has produced Potentially, there is another issue. commissioner is thus the crux of the
er question is whether SC should inter- anomalies. Article 324 envisaged There have been demands that the institution’s effectiveness, especially
vene in appointments to a coordinate that the Commission be led by a sin- CEC be selected by seniority amongst since there are only three officehold-
institution since no abuse of power gle CEC (Chief Election Commis- existing commissioners. As Vaishnav ers at the center of it.
has happened, unlike say malafide sioner), though the President can and Sreedharan pointed out, all of Besides, an honest and upstand-
executive interference in pre-collegi- appoint more commissioners. As the these issues have been put to the test ing person may still have political bias
um era judicial appointments. Ideally, wonderful chapter on the Election in the past. But the striking thing, in that informs his or her actions. But
political parties should arrive at a con- Commission by E Sreedharan and their account, is that, in the end, these neutrality could be achieved by the
sensus and work out the EC appoint- Milan Vaishnav in Public Institutions matters were resolved by political ne- given structure of three commission-
ment process in Parliament. SC has a in India documented, there are sev- gotiation, restraint and judgement. ers. For these reasons, the method of
point. But Parliament should decide. eral unresolved issues. The number -- Pratap B. Mehta, The Indian Express and qualifications for appointment
of commissioners the EC can have is become exceedingly important. As
-- Editorial, The Times of India
not specified. In principle, a govern- POLITICAL BIAS? of now, both are opaque, fueling ac-
NOT A GOOD IDEA ment can enlarge the Commission cusations of politics behind the choic-
sometimes with a view to undermine or the EC’s institutional integ- es. Whatever the system, the Indian
t will be the real test of the Court’s the authority of existing commission- rity, what is needed is a firm people deserve an EC that will not
commitment to the integrity of ers. The Supreme Court itself left this Fand strong CEC who cannot only allow them to exercise their right
Ithe electoral process. Issues per- matter hanging when it put its seal be bulldozed by pressure from any to vote without fear but also penal-
taining to the appointment of election of approval on the expansion of the quarter, be it from the prime minister ize any party that violates the Model
commissioners are, at best, pocket Commission in 1995. The other com- or president. An institution respon- Code of Conduct and electoral rules
change in this story. The Court and missioners do not enjoy the security of sible for superintending — the Su- in letter or spirit.
the public should not be misled by tenure and constitutional status of the preme Court reportedly emphasized -The Editorial Board,
erroneous and purely lawyerly fram- CEC. Could this affect their indepen- this — and directing, controlling and The Telegraph (India)
ings of the issue. What you might end dence? What are the CEC’s powers in conducting every election would be
up with, as is often the case, a simu- relation to other commissioners? Can useless if it lost its impartiality when Every week, we look at what the top
lacrum of reform, while substantive the CEC ask them for an explana- pressed. A multi-party democracy is commentators in the Indian media are
issues go unaddressed. tion of conduct or recommend their not easy to manage at election time. talking about and bring to you a slice
The Election Commission (EC) removal, as N Gopalaswamy had But awareness of an EC unbending of their opinions and comments
has evolved over time. Like so many claimed in the case of Navin Chaw- about rules and conduct could bring

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