Answer:

Free and fair elections form the bedrock of any democracy. In India, this herculean task for ensuring this is conferred upon the Election Commission of India under Article 324 of the Indian Constitution for superintendence, direction and control of elections.

In light of its importance, the Constitution has protected its independence the following manner:

♤ The Chief Election Commissioner (CEC) is provided with a security of tenure (i.e. removal on the same grounds as a SC judge).

♤ The service conditions of the CEC cannot be varied to his disadvantage after his appointment to the post.

But following issues still beset the appointment and removal process of election commissioners to the ECI:

♤ The Constitution is silent on the qualifications and terms of the members of the Election Commission.

♤ The Constitution has not debarred the retiring election commissioners from any further appointment by the government.

♤ The other two election commissioners can be removed merely on the recommendation of the CEC.

In this context, the Supreme Court, under Article 145 (3), has referred a PIL on the need for a law for the appointment of the commissioners to the ECI to a constitution bench. While the executive contends that the appointment is their prerogative, there is merit in framing a law for this purpose because:

♤ Article 327 states that “Parliament may by law make provision with respect to all matters relating to, or in connection with, elections…” But successive governments have evaded this responsibility to retain their authority over the matters related to appointment.

♤ Election Commission performs the most vital function viz. conducting elections, which should not only be fair but must also be seen as fair. This is possible only if the selection process of the election commissioners is fair.

♤ The present situation allegedly gives ample room for the ruling party to choose someone whose loyalty is ensured and renders the selection process vulnerable to manipulations and partisanship which is violative of Article 14 of the Constitution.