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Polity & Governance
Mahesh

24/11/22 06:23 AM IST

Independence of Election Commission destroyed by all govts, says Supreme Court

In News 
  • Successive governments have 'completely destroyed' the independence of the Election Commission of India (ECI) by ensuring no chief election commissioner (CEC) gets the full six-year term to head the poll body since 1996.
Appointment of Election Commissioners 
  • Presently, Election Commissioners are appointed by the President of India, on the aid and advice of the Council of Ministers
  • The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, prescribes that the term of a CEC and Election Commissioner is 6 years or till the age of 65 years, whichever is earlier.
  • Article 324 of the Indian Constitution, dealing with the appointment of Election Commissioners, called for the enactment of legislation to oversee such appointments, but the government had yet to do so.
  • The SC was hearing petitions seeking reforms in the system of appointing Election Commissioners.
Supreme Court Observation 
  • The Constitution of India has vested vast powers on the shoulders of the CEC and the 2 Election Commissioners.
  • Apart from competence, the character is crucial, so that those appointed as Election Commissioners will not allow themselves to be bulldozed.
  • In the absence of a law to oversee such appointments, the silence of the Indian Constitution is being exploited by all.
  • The government assures that the person nominated does not serve the full six years by picking someone close to 65, thus undermining independence.
  • The separation of powers cannot be challenged, as it is the basic feature of the Constitution.
  • This matter is for Parliament to debate and not the court.
  • Suggestions given by the SC: An appointment committee including the Chief Justice of India to appoint the Election Commissioners to ensure neutrality.
Source- The Hindu 

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