Will the new collegium to appoint CEC, ECs be able to keep rogues off politics?

There have been allegations that the Election Commission functions with prejudice for the ruling party that appoints its top brass. But successive political dispensations at the Centre had been evading the issue so far.

The Supreme Court's ruling last week that the government form a panel to appoint the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) is historic indeed. Its verdict states that the appointment of these officials "shall be made by the President on the advice of a Committee consisting of the Prime Minister, the Leader of the Opposition of the Lok Sabha, and in case no leader of Opposition is available, the leader of the largest opposition party in the Lok Sabha in terms of numerical strength, and the Chief Justice of India." The court has made it clear that its verdict "will be subject to any law to be made by Parliament."

Observers say the proposed mechanism is supposed to create a really neutral, independent and genuine body for the conduct of periodic elections, a must for the governance of our parliamentary system. Now, the Election Commission of India will have its own secretariat to recruit its dedicated staff needed to conduct free and fair elections in the country. It will no longer be dependent on the government for any budgetary support.

The establishment of an autonomous Election Commission had been long overdue. The founding fathers of our Constitution were very much aware of the need for such a body. In 1949, Dr B.R. Ambedkar, one of the leading architects of our Constitution, stressed that "the whole election machinery should be in the hands of a Central Election Commission, which alone would be entitled to issue directives to returning officers, polling officers and others."

In line with this thinking, Article 324(1) of our Constitution already vests the authority of "superintendence, direction and control of elections" in the Election Commission. Article 324(2) states "the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President." Article 324(5) authorises the President to determine the conditions of service and tenure of office of the Election Commissioners "subject to a law." Article 324(5) extends a special protection to the CEC and says that the incumbent of this office "shall not be removed... except in like manner and on the like grounds as a Judge of the Supreme Court."

The need for an independent system for the appointment of members of the Election Commission has been felt from time to time in the country. Justice Tarkunde Committee (1975), Dinesh Goswami Committee (1990), the Second Administrative Reforms Commission (2007) and the Law Commission of India (2015) had recommended it. Also, a batch of four public interest litigations (PILs) had of late been pressing the Supreme Court for the issuance of directives to the Centre for setting up a neutral and independent selection panel for recommending names to the President for appointments as CEC and ECs.

Regrettably, the successive political dispensations at the Centre had been evading to legislate in this regard. According to the process they have so far followed, the Union Law Minister suggests a pool of suitable candidates to the Prime Minister for the consideration of these appointments and the President of India endorses the recommendations of the Union Cabinet on this subject. The prevalent system gave the successive ruling parties at the Centre almost a free hand to choose the Chief Election Commissioner and other Election Commissioners. This has led to occasional allegations that the Commission functions with prejudice for the ruling party that appoints its top brass.

The observers opine that with the SC's decision to constitute a collegium for the appointment of the CEC and ECs, there should be little space for such allegations against the Election Commission in future. However, it is to be seen how the proposed panel of the Prime Minister, the Leader of Opposition in the Lok Sabha and the Chief Justice of India, when it comes into being, goes about the business of appointing the CEC and ECs.

It is no secret that our electoral process has been ailing since long time. Alleged criminal, communal and casteist elements have increasingly manipulated our electoral system to get into our highest institutions, including Parliament, Legislative Assemblies and ministries. The presence of such elements in our formal institutions constitutes a serious threat to the all-inclusive values of our Republic and Constitution.

The panel must now appoint the CEC and ECs of integrity and substance to create a truly autonomous, neutral and just Election Commission. Only such persons in these crucial slots in the Commission can be expected to devise such a mechanism that would keep all the rogues off our politics and governance.

(Jagdish N. Singh is a senior journalist based in New Delhi. He is also Senior Distinguished Fellow at the Gatestone Institute, New York)

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