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CEC To Be Selected By A Team Of PM, LoP & CJI, Orders SC

By LokMarg 2nd March 2023

The Supreme Court on Thursday while ordering to set up a panel consisting of the Prime Minister, LOP, CJI for selecting Chief Election Commissioner (CEC) and Election Commissioners said that it is concerned with leaving the appointments in the sole hands of the Executive.

“We are concerned with the devastating effect of continuing to leave appointments in the sole hands of the Executive on fundamental values, as also the Fundamental Rights, we are of the considered view that the time is ripe for the Court to lay down norms,” the SC said.

A vacuum exists on the basis that, unlike other appointments, it was intended all throughout that appointment exclusively by the Executive was to be a mere transient or stop-gap arrangement and it was to be replaced by a law made by the Parliament taking away the exclusive power of the Executive. This conclusion is clear and inevitable and the absence of law even after seven decades points to the vacuum, said the Supreme Court Constitution Bench.

Court further said that the electoral scene in the country is not what it was in the years immediately following the country becoming a Republic. The criminalisation of politics, with all its attendant evils, has become a nightmarish reality. The faith of the electorate in the very process, which underlies democracy itself, stands shaken.

The impact of ‘big money’ and its power to influence elections, the influence of certain sections of media, makes it also absolutely imperative that the appointment of the Election Commission, which has been declared by this Court to be the guardian of the citizenry and its Fundamental Rights, becomes a matter, which cannot be postponed further, added the court.

Political parties undoubtedly would appear to betray a special interest in not being forthcoming with the law. The reasons are not far to seek. There is a crucially vital link between the independence of the Election Commission and the pursuit of power, its consolidation and perpetuation, said the Court.

The Constitution Bench of the Supreme Court on Thursday ordered a panel consisting of the Prime Minister, the Leader of the Opposition and the Chief Justice of India for the selection of Commissioners in the Election Commission of India.

“Appointment of an election commissioner shall be on the recommendation of a committee comprising the Prime Minister, Chief Justice of India and Leader of Opposition in Lok Sabha,” said the constitution bench headed by Justice KM Joseph, and also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar.

The Election Commission has to be independent and it is duty-bound to act in a fair and legal manner and abide by the provisions of the Constitution and the directions of the Court said Justice Joseph during the pronouncement of the order.

Justice Joseph also added that the hallmark of a substantial and liberal democracy must be borne in mind, democracy is inextricably linked to the power of the people. The power of the ballot is supreme, capable of unseating the most powerful parties.

Supreme Court on Thursday delivered two verdicts, however, both were unanimous verdicts.

Justice Ajay Rastogi in its separate judgement added that the process of removal of Election Commissioners shall be as same as that of Chief Election Commissioner– Impeachment

The Supreme Court Constitution Bench on Thursday pronounced its order on various petitions seeking reform in the process for the appointment of members of the Election Commission of India.

On November 24 2022, the apex court reserved its judgement on a batch of pleas seeking a collegium-like system for the appointment of Election Commissioners (ECs) and the Chief Election Commissioner (CEC).

The apex court was hearing pleas challenging the constitutionality of the present appointment process of CEC and ECs and contended that appointments were being done as per the whims and fancies of the executive.

The petitions sought the creation of an independent collegium or selection committee for future appointments of CEC and two other ECs.

The petitions stated that, unlike the appointments of the CBI director or Lokpal, where the leader of the Opposition and judiciary have a say, the Centre unilaterally appoints the members of the Election Commission.

On October 23, 2018, the apex court referred PILs to the Constitution bench.

While reserving its order, the court has questioned the Centre on the appointment of former IAS officer Arun Goel as the new Election Commissioner at “lightning speed” saying the process was completed within 24 hours. The court had perused the original files brought by the Centre on Goel’s appointment as Election Commissioner. (ANI)

Election Commissioners Must Be Chosen With A Broad-Based Consensus

By LokMarg 28th November 2022

Raghvendra Kumar, an advocate in the Supreme Court, says for a democracy to thrive, its top constitutional posts must remain immune from influence and favouritism

The recent hearings in the Supreme Court in the matter of appointments to the Election Commission have triggered a discussion about whether more caution is required in the selection of its members. Or in plain words, doubt has been cast on whether Central Election Commission is prone to favouring the political executive of the day.

In the General elections held on the last few occasions, mostly on account of the long election schedule, the ostensible leniency in not chastising the ruling party during the election campaign, and doubtful conclusions of the election results in some cases have led some political observers and the opposition to believe that the Central Election Commission is likely to get compromised if the current process of appointment by the central government continues.

The unnecessary hurry in appointing a member of the Central Election Commission has also been taken note of by the Supreme Court Bench. Therefore, bringing reforms to the Central Election Commission has become pertinent.

We might remember that the political executive also did appoint TN Seshan, JM Lyngdoh, and SY Qureshi and they earned respect for the work done during their terms. Even prior to the Seshan era, it cannot be said with certainty that the CEC was tainted and worked in the favour of political masters of the day. In fact, the Indian election system, the process of election and the function of its Election Commission both at the Central and State level has been praised and adopted by many Asian and African democracies.

ALSO READ: Seshan – The Man Who Ate Politicians For Breakfast

Democracy survives in the minds of the people. The more transparent its functioning is the more trust it generates among its subscribers. A healthy democracy must evolve its systems, time and again to make it more transparent, accountable and robust. That alone will rid it from the dangers of opaqueness and favouritism.

What must be done is to make the Constitutional appointments immune from influence and bias of the constituents by making it broad-based consensual process. There should be openness in selection process so the appointees are insulated from influences with fixed terms of appointments without extensions and their functioning. While their financial and functional independence is important, they must be made accountable to a multi-party parliamentary disciplinary committee with appropriate penal provisions only.

The Supreme Court did suggest inclusion of the Chief Justice of India in the process of appointment of the members of the Commission. For a long-term measure a “National Commission for Appointment to Constitutional Posts” including the Judiciary as well could be a beginning in right direction. The appointment process can of course be initiated by the elected government of the day.

Let it be based in parliamentary system of ratification but the appointments must be made by a process that includes multiple political parties and prior consultation with the Chief Justice of India. Till this actually happens, it would be prudent that the functioning of all constitutional bodies including the Central Election Commission be examined by the judicial system, All possible loopholes must be plugged so that the process of governance should be free from any doubt of unfairness towards any of its stakeholders.

As told to Nityanand Gayen

Akhilesh Writes To EC About Tampering Voters List In UP

By LokMarg 10th November 2022

Samajwadi Party President Akhilesh Yadav alleged that a large number of supporters of Samajwadi Party voters were “wrongly removed” from the voter list in the 2022 assembly elections in which the party lost to BJP earlier this year.

In a six-page letter to the Election Commission Akhilesh Yadav demanded an inquiry on the alleged cases of tampering with voter lists.

Akhilesh Yadav sent the documents including the proof of those names and the reply to the complaints made to the Chief Electoral Officer, Lucknow, and the Chief Election Commissioner, New Delhi in this regard.

“A demand was made to investigate the information received from workers, supporters, citizens, and media reports about depriving voters of voting, but no investigation was done,” read the letter from the SP chief.

He has also demanded the inclusion of a representative of the Samajwadi Party at the time of the investigation. (ANI)

CEC Proposes Capping Cash Donations To Govt. Parties

By LokMarg 19th September 2022

Chief Election Commissioner (CEC) Rajiv Kumar wrote a letter to the law ministry proposing to cap cash donations to political parties on Monday.

In his letter written to Union law Minister Kiren Rijiju, CEC has proposed to cap cash donation at 20 percent or at Rs 20 crore whichever is lower, sources told ANI.
The sources on Monday said that the Election Commission has proposed bringing down anonymous political donations from Rs 20,000 to Rs 2,000 to cleanse election funding of black money.

In the letter, CEC has recommended a slew of amendments to the Representation of the People (RP) Act.

According to the proposal, political parties are not required to report the cash received below Rs 2,000.

As per rules in force currently, political parties have to disclose all donations above Rs 20,000 through their contribution report that is submitted to the EC

The move comes in the backdrop of the poll panel recently delisting 284 defaulting and non-compliant registered unrecognised political parties (RUPPs), declaring more than 253 of them inactive.

Earlier this month the income tax department conducted raids in multiple states as part of a pan-India tax evasion probe against certain registered unrecognised political parties (RUPP) and their alleged dubious financial transactions.

The activities have been taken by the department on a recent recommendation of the Election Commission which recently struck off at least 198 entities from its list of RUPP after they were found non-existent during physical verification.

The poll panel had announced that it was taking action against more than 2,100 entities, categorised as RUPP by it, for flouting rules and election laws, including those related to the filing of monetary contributions, failing to update their address and names of office bearers. (ANI)