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In the backdrop of these challenges, there is a need to relook the powers of the ECI such as:

Give equal constitutional protection for all three-election commissioners as opposed to just the CEC.

Institutionalize the convention where the senior most EC should be automatically elevated as CEC in order to instil a feeling of security in the minds of the ECs and that they are insulated from executive interference in the same manner as CEC.

Reducing the ECI’s dependence on DoPT, Law Ministry, and Home Ministry. The ECI should have an independent secretariat for itself and frame its own recruitment rules and shortlist and appoint officers on its own.

Its expenditures must be charged upon the Consolidated Fund of India similar to other constitutional bodies such as the UPSC.

All provisions of Model code of conduct should have legal backing.

ECI should be given more power with regards to disqualification of member post- election and in case of anti-defection too. ECI is also demanding a new section 58 B in RPA, 1951 to deal with money menace similar to section 58 A which is related to booth capturing.

The Election Commission needs to be given the powers of de-registering a political party

Apart from empowering the ECI, the Law Commission’s recommendations in its 255th report can also be considered. It suggested a collegium to improve appointments, consisting of the Prime Minister, the Leader of the Opposition and the Chief Justice of India for the appointment of the Election Commissioners.


 

2. Give an account of the composition and functions of the Finance Commission as mentioned in the Constitution of India.Answer: