INDEPENDENCE OF THE ELECTION COMMISSION (EC)

NEWS: The independence of the Election Commission of India (ECI) is under scrutiny following concerns over voter roll revisions

Constitutional Basis:

• Elections in India are conducted by the EC under Article 324
• It ensures: Free elections, fair elections, Universal adult franchise (Article 326)
• Indira Gandhi vs Raj Narain (1975): Free & fair elections are part of the Basic Structure of the Constitution

Appointment of Election Commissioners

• Earlier System: Appointed by President (effectively Government)
• New Law (2023 Act):
  • Chief Election Commissioner and Election Commissioners (Appointment, Conditions of Service and Terms of Office Act, 2023)
  • Selection Committee: Prime Minister, Union Minister, Leader of Opposition
• The 2023 Act provides that the CEC will hold office for six years or until the age of 65, whichever is earlier

Removal of Election Commissioners

Removal of CEC:

• Same as Supreme Court Judge
• By Parliament through impeachment like process (Very difficult → Ensures independence)

Removal of other ECs:

• Can be removed by President
• But only on recommendation of CEC
• Important Case: T.N. Seshan vs Union of India (1995)à Confirmed multi-member EC is constitutional.

Removal process involves:

• Notice in Lok Sabha (100 MPs) OR Rajya Sabha (50 MPs)
• Inquiry Committee (CJI + HC CJ + Jurist)
• Grounds: Misbehaviour, Incapacity

NOTE: In the Anoop Baranwal v. Union of India case (2023), the Supreme Court (SC) ruled that a collegium comprising the Prime Minister, the Leader of the Opposition (LoP) in the Lok Sabha, and the Chief Justice of India (CJI) should make appointments to insulate the body from executive bias, until Parliament passed a law