Model Answer
0 min readIntroduction
The Election Commission of India (ECI), established in 1950 under Article 324 of the Constitution, is a constitutional body responsible for conducting free and fair elections in the world’s largest democracy. While the ECI has largely been successful in upholding the democratic process, concerns regarding its independence and impartiality have been periodically raised. Recent debates surrounding the appointment process and the government’s influence necessitate a critical examination of its structure and functioning. Strengthening the ECI is paramount to safeguarding the integrity of the electoral process and reinforcing public trust in democratic institutions.
Measures to Enhance Independence and Impartiality
1. Appointment Process
Currently, the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) is made by the President on the recommendation of the Central Government. This has led to accusations of executive interference. To address this:
- Constitutional Amendment: Amend Article 324 to establish a collegium comprising the Prime Minister, the Leader of Opposition (LoP) in Lok Sabha, and the Chief Justice of India (CJI) for recommending names for appointment. This mirrors the process for appointing judges.
- Transparency: Mandate the government to disclose the criteria used for selecting CEC/ECs and the reasons for rejecting any name recommended by the collegium.
2. Tenure and Security of Tenure
The tenure of CEC/ECs is fixed at six years or until attaining the age of 65, whichever is earlier. However, the lack of a robust mechanism to prevent arbitrary removal raises concerns.
- Fixed Tenure & Removal Process: Similar to the Supreme Court judges, the removal process should be through impeachment by Parliament on grounds of proven misbehavior or incapacity. This would provide greater security of tenure.
- Post-Retirement Appointments: A cooling-off period should be mandated before former CECs/ECs can accept any government appointment to avoid potential conflicts of interest.
3. Financial Independence
The ECI is currently financially dependent on the government, which can potentially influence its decision-making.
- Dedicated Fund: Establish a dedicated ‘Election Fund’ with a fixed percentage of the Consolidated Fund of India allocated annually to the ECI.
- Budgetary Autonomy: Grant the ECI greater autonomy in utilizing its allocated funds without requiring excessive approvals from the government.
4. Staffing and Administrative Control
The ECI relies heavily on personnel seconded from various government departments. This can compromise its independence.
- Dedicated Secretariat: Create a fully independent and dedicated secretariat for the ECI, staffed by personnel recruited directly and exclusively for the Commission.
- Administrative Powers: Grant the ECI greater administrative powers over its personnel, including transfers, postings, and disciplinary actions.
5. Enforcement Powers and Penalties
While the ECI has powers to enforce the Model Code of Conduct, its enforcement mechanisms are often perceived as weak.
- Strengthened Penalties: Enhance penalties for violations of the Model Code of Conduct, including disqualification from contesting elections for a specified period.
- Fast-Track Courts: Establish dedicated fast-track courts to expedite the resolution of election-related disputes and cases of electoral malpractice.
- Investigative Powers: Empower the ECI with greater investigative powers, including the ability to conduct independent investigations into allegations of electoral fraud.
6. Addressing Concerns Regarding EVMs and Voter Data Security
Recent concerns regarding the security of Electronic Voting Machines (EVMs) and voter data necessitate greater transparency and accountability.
- Independent Audit: Mandate regular independent audits of EVMs and the voter database by a panel of experts.
- Voter Verifiable Paper Audit Trail (VVPAT): Ensure 100% VVPAT verification in all elections to enhance transparency and build public confidence.
| Area of Improvement | Current Situation | Proposed Measure |
|---|---|---|
| Appointment | Executive-led | Collegium-based |
| Financial Independence | Dependent on Government | Dedicated Election Fund |
| Staffing | Secondment from Govt. | Dedicated Secretariat |
Conclusion
Strengthening the Election Commission is not merely an administrative reform but a fundamental necessity for preserving the integrity of Indian democracy. Implementing measures to enhance its independence, impartiality, and enforcement powers will bolster public trust in the electoral process and ensure that elections remain a true reflection of the people’s will. A robust and independent ECI is crucial for safeguarding the foundations of a vibrant and representative democracy, particularly in the face of evolving challenges to the electoral landscape.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.