More independent Election Commission – Supreme Court on the appointment of the Chief Election Commissioner (CEC) | 3rd March 2023 | UPSC Daily Editorial Analysis
What's the article about?
- It talks about the recent Supreme Court verdict regarding the appointment of the Chief Election Commissioner (CEC).
Relevance:
- GS2: Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies;
- Prelims
Context:
- The Supreme Court recently quashed the existing system of appointment of Chief Election Commissioner (CEC) and Election Commissioners (ECs), which is being done by the Centre, and ruled that appointments be done by a committee of PM, Leader of Opposition and Chief Justice of India.
- The SC also said that if LoP is not there, then the leader of the single largest opposition party in Lok Sabha will be in committee to appoint the ECs and CEC.
Why did SC quashed the existing system of appointment of the ECs and CEC?
- According to Article 324(2) of the Constitution, the CEC and ECs shall be appointed by the President, with the aid and advice of the Council of Ministers, till Parliament enacts a law fixing the criteria for selection, conditions of service and tenure.
- Yet, no law was enacted by Parliament in this regard.
- As a result, the appointment of the CEC and other ECs was at the whim of the Union, which was seen detrimental to the ECI's autonomy.
- The functional autonomy of the CEC and the EC has a direct link with the process by which they are selected.
- Thus the Constitutional Bench of the SC stepped in to fill the void.
Articles related to Elections:
|
Analysis:
- The vacuum in Article 342 is essentially a democratic space, which the Constituent Assembly did not want to occupy by way of any prescription whatsoever.
- This space was left to the future Parliament.
- The elected Parliament was supposed to legislate on this issue with a greater element of democratic legitimacy. That was a constitutional aspiration rather than a vacuum.
- It was, however, not fulfilled.
- As a result, the executive enjoyed the benefit of appointing people as chosen by it as the CEC and ECs.
- One of the main concerns was that this led to perceptions of bias of the Commission in favour of the ruling party.
- The silence of the Constitution was rather purposive, imaginative and democratic, whereas that of Parliament was clandestine, audacious and undemocratic.
Way Forward:
- Elections are the bedrock of democracy and the EC’s credibility is central to democratic legitimacy.
- An independent committee consisting of the prime minister, leader of the opposition in the Lok Sabha or the leader of the largest party in opposition and the Chief Justice of India for selecting the CEC is a great leap towards a sustainable democracy.
Recent Articles
- Most Important Acts, Bills in News 2024
- Most Important Places in News 2024
- Mains Monthly Magazine: December 2023
- An exchange – Analyzing the Vaibhav Fellowship Program | 26 January 2024 | UPSC Daily Editorial Analysis
- India’s problem — different drugs, identical brand names – Drug Name Confusion Threatens Patient Safety in India | 25 January 2024 | UPSC Daily Editorial Analysis
- The truth about India’s booming toy exports – Protectionism or Productivity? | 24 January 2024 | UPSC Daily Editorial Analysis
- Tax contribution by States needs to be revisited – Time to Recognize State Efficiency through Tax Contribution | 23 January 2024 | UPSC Daily Editorial Analysis
- A revival of the IMEC idea amid choppy geopolitics – Could India-Middle East-Europe Economic Corridor (IMEC) become the New Silk Road? | 22 January 2024 | UPSC Daily Editorial Analysis
- Gearing up for change – Monsoon Trends in India: Analyzing the Impact on Agriculture and Climate Resilience | 20 January 2024 | UPSC Daily Editorial Analysis
- Crafting a new phase in India-U.K. defence ties – Strengthening India-U.K. Defense Cooperation | 19 January 2024 | UPSC Daily Editorial Analysis
Popular Articles
- UPSC CSE 2022 Mains GS 1 Paper Model Answers
- Model Answers for UPSC CSE 2021 GS 2 Paper
- SPR 2023 | SPECIES IN NEWS
- UPSC CSE 2023 Mains GS 2 Paper Model Answers
- Model Answers for UPSC CSE 2020 GS 2 Paper
- UPSC CSE 2023 Mains GS 1 Paper Model Answers
- PDS: objectives, functioning, limitations, revamping
- Land Revenue System during British rule in India
- Govt policies & interventions for development in various sectors, and issues arising out of their design and implementation
- UPSC CSE 2022 Mains GS 2 Paper Model Answers
Popular Topics
ART & CULTURE
CASE STUDIES
COMMITTEES & SUMMITS
DISASTER MANAGEMENT
ECONOMICS
ECONOMICS PREMIUM
ECONOMICS STATIC
ECONOMIC SURVEY
EDITORIAL
ENVIRONMENT & ECOLOGY
ENVIRONMENT PREMIUM
ETHICS
GEOGRAPHY
GEOGRAPHY PREMIUM
GEOGRAPHY STATIC
HEALTH
HISTORY
HISTORY PREMIUM
HISTORY STATIC
INDIAN POLITY
INDIAN POLITY PREMIUM
INDIAN POLITY STATIC
INTEGRITY & APTITUDE
INTERNAL SECURITY & DEFENSE
INTERNATIONAL RELATIONS
LITE SUBSCRIPTION PREMIUM
MAINS
MAINS CORNER PREMIUM
PLUS SUBSCRIPTION PREMIUM
POLITY & GOVERNANCE
PRELIMS
PRELIMS CURRENT AFFAIRS MAGAZINE
PRO SUBSCRIPTION PREMIUM
REPORTS
SAMAJHO'S CORNER PREMIUM
SAMAJHO ANALYSIS
SAMAJHO CORNER PREMIUM
SCIENCE & TECHNOLOGY
SELF PREPARATION
SMAP ANSWER WRITING
SOCIETY
SPR
SYLLABUS
TELEGRAM
YOJANA GIST