The Hindu Editorial Analysis- 29th May 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Still No Sign of the Language of Equity and Inclusion

Why in News?

The general election 2024 is almost nearing its end. Yet, when the Election Commission of India (ECI) made the announcement for the election in March, the long video televised and propagated on social media, stood out for one detail — the absence of sign language interpreters. This is a small, but signicant, example of the ways in which everyday life in India excludes Deaf and Hard of Hearing (DHH) citizens.

About Election Commission of India (ECI)

• The Election Commission of India (ECI) is a permanent, independent body established by the Constitution of India to ensure free and fair elections.
• As it is established directly by the Constitution, the ECI is a Constitutional Body.
• The ECI is an All-India body, meaning it serves both the Central and State governments.
• The Constitution grants the ECI the powers of superintendence, direction, and control over elections to:
  • Parliament (Lok Sabha and Rajya Sabha)
  • State Legislatures (State Legislative Assembly and State Legislative Council, if they exist)
  • The Office of the President of India
  • The Office of the Vice-President of India
• The ECI does not handle elections for Panchayats and Municipalities in the States.
• For these local elections, the Constitution provides for separate State Election Commissions in each State.

Constitutional Provisions related to the Election Commission of India (ECI)

• Article 324 of the Constitution of India deals with the provisions related to the Election Commission of India (ECI).
  • The article contains detailed provisions regarding the composition of the ECI, appointment and service conditions of its members, powers and functions of the ECI, and other related aspects.

Composition of Election Commission of India

Article 324 of the Constitution has made the following provisions about the composition of the Election Commission of India:

• It shall consist of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs) as the President may from time to time fix.
• The appointment of CEC and other ECs shall be made by the President.
• When any other Election Commissioner is so appointed, the Chief Election Commissioner shall act as the Chairman of the ECI.
• The President may also appoint after consultation with the ECI such Regional Commissioners (RCs) as he may consider necessary to assist the ECI.
• The conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be determined by the President (subject to any related law made by the Parliament).

Appointment of Members of ECI

According to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023:

• The Chief Election Commissioner and the Election Commissioners are appointed by the President of India.
• The appointment is made based on the recommendation of a three-member Selection Committee consisting of:
  • The Prime Minister of India
  • A Union Minister nominated by the Prime Minister
  • The Leader of Opposition (LoP) in the Lok Sabha
• A Search Committee, headed by the Cabinet Secretary, suggests five names to the Selection Committee.
• The Selection Committee is not bound to these suggestions and may consider other individuals.
• The appointment process changed in 2023. Previously, the Chief Election Commissioner and Election Commissioners were appointed by the President on the recommendation of the Union Council of Ministers.

Term of Members of ECI

According to the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, the Chief Election Commissioner and the Election Commissioners hold office for a term of 6 years or until they attain the age of 65 years, whichever is earlier.

Resignation of Members of ECI

According to the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, the Chief Election Commissioner and the Election Commissioners can resign at any time by writing to the President.

Removal of Members of ECI

Removal of the Chief Election Commissioner

• The Chief Election Commissioner can be removed in the same manner and on the same grounds as a judge of the Supreme Court.
  • In other words, he/she can be removed by the President on the basis of a resolution passed to that effect by both Houses of Parliament with a Special Majority, either on the grounds of proved misbehaviour or incapacity.

Removal of Election Commissioner and Regional Commissioners

• Any other Election Commissioner or a Regional Commissioner is removed from office on the recommendation of the Chief Election Commissioner.
  • Thus, the protection of security of tenure, which is available to the Chief Election Commissioner, is not available to the other Election Commissioners.

Salary and Allowances of the Members of the ECI

According to the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, the Chief Election Commissioner (CEC) and two Election Commissioners (ECs) receive equal salaries, allowances, and other prerequisites that are similar to those of the judge of the Supreme Court.

The Chief Election Commissioner Vis-a-vis Election Commissioners

As per the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991:

• The Chief Election Commissioner and the two other Election Commissioners are equal in terms of their powers and other perquisites.
• In case of a difference of opinion amongst the Chief Election Commissioner and/or two other Election Commissioners, the matter is decided by the Commission by majority.

Thus, though the Chief Election Commissioner is the chairman of the Election Commission, the other Election Commissioners have an equal say in deciding a matter.

Power and Functions of ECI

Assisting Machinery of ECI

The Election Commission of India (ECI) relies on a well-structured machinery comprising various roles and responsibilities to support the electoral process:

Deputy Election Commissioners (DEC)

These Commissioners are drawn from civil services and appointed by the ECI with a tenure system. They are assisted by the Secretaries, Joint Secretaries, Deputy Secretaries, and Under Secretaries.

Chief Electoral Officer (CEO)

These officers are appointed at the State level, by the Chief Election Commissioner in consultation with the State Government.

District Returning Officer (DRO)

These officers are appointed at the district level. The Collector acts as the DRO for every constituency in the district.

Returning Officer (RO)

These officers are appointed by the DRO for every constituency.

Presiding Officer (PO)

These officers are appointed by the DRO for every polling booth.

Independence of Election Commission of India (ECI)

Constitutional Provisions Ensuring Independence of ECI

Article 324 of the Indian Constitution has made certain provisions to ensure the independent and impartial functioning of the Election Commission of India (ECI). The most important of them can be seen as follows:

• The Chief Election Commissioner (CEC) is provided with the security of tenure. He/she can be removed only in the manner and on the same grounds as mentioned in the Constitution.
• Though the Constitution does not protect the security of tenure for other Election Commissioners or a Regional Commissioner, they cannot be removed from office except on the recommendation of the CEC.
• The service conditions of the Chief Election Commissioner and other Election Commissioners cannot be varied to his/her disadvantage after their appointment.

Factors Hampering the Independence of ECI

1. The Constitution has not prescribed the qualifications for members of the Election Commission of India.
2. The Constitution has not specified the term of members of the Election Commission of India.
3. The Constitution has not prohibited varying service conditions of Election Commissioners after their appointment.
4. The Constitution has not debarred retiring Election Commissioners from any further appointment by the Government.

Supreme Court’s Directions to Promote Independence of ECI

In Anoop Baranwal vs Union of India Case (2023), the Supreme Court gave the following directions to ensure the independence and neutrality of the Election Commission:

• Appointment of the Chief Election Commissioner (CEC) and the other Election Commissioners (ECs) shall be made on the recommendations of a three·member committee consisting of the following:
  • The Prime Minister,
  • The Leader of the Opposition in the Lok Sabha and
  • The Chief Justice of India.
• The grounds for removal of the other Election Commissioners should be the same as that of the Chief Election Commissioner i.e., on the like grounds as a Judge of the Supreme Court subject to the recommendation of the Chief Election Commissioner.

Issues with Election Commission of India

Way Forward