Law Commission of India in its 255th report on electoral reforms rece...
Recommendations of 255th Report of Law Commission with respect to ECI
1. Appointments of Chief Election Commissioners (CEC) and all Election Commissioners (ECs) - It should be made by the President in consultation with a three-member collegium or selection committee.
2. The collegium or committee shall consist of the Prime Minister, the Leader of the Opposition of the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha) and the Chief Justice of India (CJI).
3. Seniority based elevation - The elevation of an EC should be on the basis of seniority. If senior EC is not appointed due to unfit reasons, the three member collegium or a committee give reasons in writing.
4. Equal constitutional protection to all members of the ECI - Equal constitutional protection must be given to all members of the ECI in matters of removability from office.
5. In this regard, Article 324(5) of the Constitution should be amended.
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Law Commission of India in its 255th report on electoral reforms rece...
The correct answer is option 'D' - All of the above.
The Law Commission of India recently submitted its 255th report on electoral reforms to the Government of India. The report focuses on strengthening the Election Commission of India (ECI) and makes several recommendations for the same. Let's discuss each recommendation in detail:
1. Equal Constitutional protection to all members of ECI in removability from Office:
The report suggests that all members of the ECI should be given equal Constitutional protection in terms of their removability from office. Currently, the Chief Election Commissioner (CEC) enjoys more protection compared to the other Election Commissioners. The report recommends that this distinction should be removed, and all members should have equal protection to ensure the independence and autonomy of the ECI.
2. Appointment of the Election Commissioners by a three-member Selection panel:
The report proposes a change in the appointment process of Election Commissioners. Currently, the President appoints the Election Commissioners based on the recommendations of the Prime Minister and other relevant ministers. The report suggests that a three-member Selection panel, comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India, should be responsible for appointing the Election Commissioners. This change aims to introduce a more inclusive and consultative process for appointments, ensuring the independence and credibility of the ECI.
3. The elevation of an EC should be based on seniority:
The report recommends that the elevation of an Election Commissioner to the position of the Chief Election Commissioner should be based on seniority. This implies that the most senior Election Commissioner would automatically assume the position of the CEC upon the retirement of the incumbent CEC. This recommendation aims to bring more certainty and transparency to the process of appointing the CEC.
In conclusion, the Law Commission of India's 255th report on electoral reforms pitches for a stronger Election Commission of India. The recommendations include equal Constitutional protection to all members of the ECI, appointment of Election Commissioners by a three-member Selection panel, and the elevation of an Election Commissioner based on seniority. These recommendations aim to enhance the independence, credibility, and effectiveness of the ECI in conducting free and fair elections in the country.
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