CEC must be above board

The SC’s proposal to include the CJI in the committee that appoints the heads of voting panels will ensure a fair and transparent mechanism.

Hyderabad: The independence of constitutional institutions is an essential part of a healthy democracy. Their neutrality and fairness must be above board. Recently, however, there has been a disturbing trend seeking to tinker with the autonomy and independence of these institutions. As a result, public trust in these constitutional institutions may be eroded.

The Supreme Court was right to express concern about the way the Chief Electoral Commissioner (CEC) and the Electoral Commissioner were appointed. In directing the Center to produce papers related to the appointment of former IAS official Arun Goel as CEC, the five-judge Constitutional Justice of the Supreme Court made a key recommendation to include the Chief Justice of India as the head of the committee that appoints the polling panel.

Such a broad-based arrangement would help ensure the neutrality of agency decision-making, as well as the selection of a man who “does not allow himself to be pushed down”. The main concern behind the SC proposal is that polling groups must be immune to political pressure. The court rightly noted that the terms of the CEC had recently been shortened, while the constitution stipulates that their term is six years. Under the Electoral Commission (Conditions of Service and Business Transactions of Electoral Commissioners) Act 1991, the term of office of a CEC or Electoral Commissioner is six years but they must retire at the age of 65.

During the UPA’s 10-year rule, there were six CECs, while since the NDA took over in 2014, there have been eight poll chiefs so far. Article 324 of the Constitution, which deals with the EC and its senior officers, does not mention any criteria for the appointment of these officers, nor does it spell out their conditions of service. After TN Seshan, who served as CEC from 1990 to 1996, no official term expired. The Supreme Court also emphasized the need for a fair and transparent mechanism for the “best person” to be appointed to the CEC. It said the CEC should even be able to take action against the prime minister.

However, with the opacity of appointments dominating, it is no wonder that the Center objected to a petition seeking an academy-like system for selecting CECs and electing commissioners. In recent years there have been growing concerns about partisanship in the EC. Several decisions of the Committee were reviewed. Important constitutional activities such as the appointment of the CEC and its subordinates should not be left to the whims and fantasies of the executive branch. The arbitrary selection process that erodes the sanctity of these constitutional positions must stop as it poses a serious threat to India’s democratic institutions.