Context: A petition was filed in the Supreme Court seeking the constitution of an independent collegium to appoint members of the Election Commission.

Key highlights

• The petition said the recommendation to have a neutral collegium to fill up vacancies in the Election Commission have been given by several expert committees, commissions from 1975.
• The recommendation was also part of the Law Commission in its 255th report in March 2015.
• It said the appointment to the poll body by the government is incompatible with Article 324(2) — appointments to be made by the President — and is “manifestly arbitrary”.

Basis for such demand

• The EC is not only responsible for conducting free and fair elections, but it also renders a quasi-judicial function between the various political parties including the ruling government and other parties.
• In such circumstances, the Executive cannot be the sole participant in the appointment of members of the Election Commission as it gives unfettered discretion to the ruling party.
• Therefore it could appoint someone whose loyalty is ensured and thereby renders the selection process vulnerable to manipulation.

What does Article 324 (2) says?

• The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and 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.

Appointment & Tenure of Commissioners

• The Chief Election Commissioner and the Election Commissioner are appointed by the President of India.
• Each of them holds their offices for a period of 6 years or up to the age of 65 years, whichever comes first.
• They receive the same perks and pay as Supreme Court Judges.
• The only way a Chief Election Commissioner can be removed from office is upon an order of the President supported by the Parliament.
• The Election Commissioner or Regional Commissioner can only be removed from office by the Chief Election Commissioner.

Recommendations given by various expert committees
Justice Tarkunde Committee (1975)

• The members of the Election Commission be appointed by the President on the advice of a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India.

Dinesh Goswami committee report

• The appointment of Chief Election Commissioner should be made by the President in consultation with the Chief Justice of India and the Leader of the Opposition.
• In case no Leader of the Opposition is available, the consultation should be with the leader of the largest opposition group in the Lok Sabha.

2nd administrative reforms commission

• It suggested a collegium for the recommendations for the consideration of the President for appointment of the Chief Election Commissioner and the Election Commissioners headed by the Prime Minister.
• The collegium will have other members like, Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha, the Law Minister and the Deputy Chairman of the Rajya Sabha.

Law Commission of India in its report no. 255

• The appointment of all Election Commissioners should be made by the President in consultation with a three-member collegium or selection committee, consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India.

By: Shubham Tiwari