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Polity & Governance
Mahesh

04/03/23 09:25 AM IST

Supreme Court verdict on ECI appointments

In News
  • A five-judge bench of the Supreme Court recently unanimously ruled that a high-power committee consisting of the Prime Minister, Leader of Opposition in Lok Sabha, and the Chief Justice of India must pick the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
SC verdict
  • In 2015, a public interest litigation was filed by Anoop Baranwal challenging the constitutional validity of the practice of the Centre appointing members of the Election Commission.
  • In October 2018, a two-judge bench of the SC referred the case to a larger bench since it would require a close examination of Article 324 of the Constitution, which deals with the mandate of the Chief Election Commissioner.
  • While ordinarily, the court cannot encroach on a purely legislative power, but in the context of the Constitution and inertia of the Legislature and the vacuum created by it make it necessary for the court to intervene.
  • On the question whether process of removal should be same for CEC and the ECs, SC stated that it cannot be same as CEC has special position and article 324 becomes inoperable without CEC.
  • SC left the question of funding the EC, Permanent secretariat and need for expenditure to be charged on Consolidated Fund of India for the government to decide.
  • Two corollary issues that were also examined by the Court are whether the process of removal of the two Election Commissioners must be the same as the CEC; and regarding the funding of the EC.
Challenge
  • Since there is no law made by Parliament on this issue, the Court must step in to fill the “constitutional vacuum.”
  • This examination also leads to the larger question of separation of powers and if the judiciary is overstepping its role in filling this gap in the law.
About ECI
  • Article 324 of the Constitution provides that the power ofsuperintendence, direction and control of elections to parliament,state legislatures, the office of president of India and the office of vice-president of India shall be vested in the election commission.
  • The election commission shall consist of the Chief Election Commissioner and a such number of other election commissioners, if any, as the president may from time to time fix.
  • The appointment of the chief election commissioner and other election commissioners 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 election commission.
  • The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.
Source- Indian Express

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