Act now, recast the selection process of the ECs

The attendance of the Chief Election Commissioner and his Election Commissioner colleagues at an “informal” meeting with the Principal Secretary to the Prime Minister has brought renewed focus on the independence and impartiality of the Election Commission of India. For instance, the Citizens’ Commission on Elections, chaired by the retired Supreme Court judge, Justice Madan B. Lokur, in its report titled “An Enquiry into India’s Election System,” highlighted several instances of inaction on the part of the ECI while conducting the 2019 general election. Given that ECI is the institutional keystone holding up the edifice of Indian democracy, we suggest that changes in the appointment process for ECs can strengthen ECI’s independence, neutrality and transparency. In such circumstances the executive cannot be a sole participant in the appointment of members of Election Commission as it gives unfettered discretion to the ruling party to choose someone whose loyalty to it is ensured and thereby renders the selection process vulnerable to manipulation.” Hence, establishing a multi-institutional, bipartisan committee for fair and transparent selection of ECs can enhance the perceived and actual independence of ECI. A Bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud had also noted that “The Election Commissioners supervise and hold elections across the Country, and this is the significance of their office, and their selection has to be made in the most transparent manner.” The Bench referred to the mandate of Article 324 of the Constitution to state that, “it is expected from Parliament to make the law, but it has not been made.” Parliament would do well to pre-empt judicial strictures by going ahead and formulating a law that establishes a multi-institutional, bipartisan Collegium to select ECs.