The Hindu Editorial Analysis- 28th February 2025 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

A process where free and fair elections will be a casualty

Why in News?

• In 2023, a new law was enacted to govern the appointment process of Election Commissioners in India.
• This law has sparked concerns regarding the potential dominance of the government in the selection process.

Background

• A new law was introduced in 2023 for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) in India.
• This law was enacted under Article 324(5) of the Constitution, following a Supreme Court directive in March 2023.
• Previously, the President appointed the CEC and ECs based on the Prime Minister’s recommendation.
• The Supreme Court deemed this process inadequate, as it could compromise the impartiality of the Election Commission of India (ECI).

Key Features of the New Law

• Selection Panel: The selection panel now includes the Prime Minister, the Leader of Opposition (LoP) in the Lok Sabha, and a cabinet Minister chosen by the Prime Minister.
• Removal of CJI: The law replaces an earlier proposal that included the Chief Justice of India (CJI) in the selection panel.
• Search Committee:. search committee, led by the Law Minister and two senior bureaucrats, is responsible for preparing a list of five candidates for consideration.
• Final Selection: The final selection is made by a majority decision within the selection panel.

Challenges Against the Law

• The law faces challenges for deviating from a previous Supreme Court directive regarding the composition of the selection panel.
• The new structure of the selection committee is criticized for creating an inherent majority for the government, compromising the process's independence.
• The Leader of Opposition (LoP) has expressed dissent in the selection process, advocating for a pause until the court reviews the law.

Concerns Over Selection Process

• The Election Commission of India (ECI) is constitutionally obligated to conduct free and fair elections, as emphasized in previous court rulings.
• With a staggering 960 million voters, India’s electoral process is the largest globally, necessitating unbiased leadership within the ECI.
• The new selection method raises concerns about ensuring the appointment of individuals with absolute impartiality and proven competence.

Issues with the Composition of the Selection Committee

• The selection committee is chaired by the Prime Minister, with a cabinet Minister chosen by the Prime Minister and the Leader of Opposition (LoP) as members.
• The President is obligated to appoint individuals recommended by this committee.
• This structure gives a clear majority to the government-supported candidate, as the cabinet Minister is unlikely to oppose the Prime Minister’s preferences.
• The selection process lacks fairness in assessing all potential candidates thoroughly.

Lack of Fairness and Objectivity

• A cabinet Minister, being a subordinate of the Prime Minister, cannot independently evaluate candidates in the selection process.
• The law guarantees a predictable outcome, favoring the government-backed candidate.
• An independent selection process should include members capable of making unbiased decisions, which this law fails to ensure.

Constitutional Concerns

• The law is perceived as arbitrary and lacking a rational basis, potentially violating Article 14 of the Constitution.
• The principle of fair elections is integral to the Constitution’s basic structure, and a biased selection process could undermine the integrity of free and fair elections.
• The Supreme Court will need to assess whether this law aligns with constitutional principles and safeguards.

Conclusion

• The new law raises significant concerns regarding the fairness and impartiality in the appointment of Election Commissioners, which could potentially jeopardize the foundation of free and fair elections in India.
• The Supreme Court’s review of this law will be crucial in determining its constitutional validity and its impact on the democratic process in the country.

Trump 2.0 and the new matrix of U.S.-India defence ties

Why is it News?

• The recent visit of the Prime Minister to the United States has significantly strengthened defense cooperation between India and the U.S.
• The focus of this cooperation includes co-production, arms procurement, and regulatory alignment in the defense sector.

Strengthening Defence Ties

• During the official visit, agreements were made to enhance military interoperability between India and the United States.
• India plans to purchase and co-produceJavelin Anti-Tank Guided Missiles (ATGMs)andStryker Infantry Combat Vehicles (ICVs)with the United States.
• Co-production of these systems will not only boost domestic manufacturing in India but also integrate the country into the global defense supply chain.

Expanded Defence Acquisitions

• India will acquire six additional P-8I maritime patrol aircraft to enhance its Maritime Domain Awareness (MDA).
• A new 10-year Framework for Defence Partnership will be signed by both nations, paving the way for increased collaboration.
• There will be a focus on Unmanned Aerial Systems (UAS) and autonomous systems, including contracts between Indian and U.S. defense firms for developing Active Towed Array Systems (ATAS).
• A new initiative called the Autonomous Systems Industry Alliance (ASIA) will further promote cooperation in autonomous systems.

Potential Areas of Future Cooperation

• Collaboration is expected to increase in undersea systems and fifth-generation fighter aircraft.
• There is a push for accelerated cooperation in space, air defense, and anti-tank missile systems.
• A review of arms transfer regulations is planned to enhance synergy in defense trade.
• The Reciprocal Defence Procurement (RDP) agreement aims to streamline defense acquisition and mutual supply of military equipment and services.

Challenges in Defence Cooperation

• The agreement does not address the immediate delivery of General Electric (GE) F-404 engines for Tejas-Mark 1A fighter jets.
• There are concerns regarding the slow progress in transferring 80% of technology for GE’s F-414 engines to India.
• Discussions included the potential purchase of the F-35 fighter aircraft, but integrating the F-35 into the Indian Air Force (IAF) poses challenges due to existing capability gaps.

Indian Air Force Modernization Issues

• The IAF is experiencing delays in inducting Tejas-Mark 1A and Mark-II fighter jets, which are essential replacements for the retiring MiG-21 squadrons.
• There is a risk that the fighter squadron strength could fall below 30, jeopardizing India’s defense preparedness.
• The Medium Multi-Role Combat Aircraft (MMRCA) project, initiated in 2000, has faced numerous delays and revisions.
• Issues related to the Transfer of Technology (ToT) and cost in the previous selection of Rafale jets have affected the project.

Concerns with the F-35 Fighter Jet Offer

• The proposal to sell the F-35 fighter jet to India has re-emerged, but it lacks co-production or ToT benefits.
• The cost of each F-35 jet is estimated at $80 million, while Rafale jets were purchased at $244 million per unit, including advanced weapon packages.
• Integrating the F-35 would involve significant infrastructure and maintenance expenses, along with potential intrusive on-site inspections and operational restrictions from the United States.

Conclusion

• The bilateral defense relationship between India and the U.S. has gained momentum with new agreements and initiatives, indicating a positive trajectory for future cooperation.
• However, key challenges, such as the delayed supply of GE engines and the complexities involved in integrating the F-35 fighter jet, need to be addressed to ensure the effectiveness and efficiency of this partnership.