Editorial: Bulldozing constitutional spirit

The hard-earned credibility of the Election Commission as an impartial institution is now coming under serious threat

At a time when the autonomy of constitutional entities is being deliberately diluted, it comes as no surprise that the NDA government has rushed through the Bill, in the Rajya Sabha, on regulating the appointments and terms of office of the Chief Election Commissioner and other Election Commissioners. This is in open defiance of the Supreme Court’s direction in March that the poll panel members should be selected by a high-powered committee comprising the Prime Minister, Leader of the Opposition in the Lok Sabha and the Chief Justice of India. Instead, the Bill excludes the CJI from the proposed selection panel and brings in a union minister of the PM’s choice as the member. This will mean that the opinion of the Leader of the Opposition will become irrelevant, as the majority vote will prevail in case of disagreement over the choice of candidates. Not surprisingly, opposition parties have argued that the legislation completely negates the very spirit of the Constitution that is enshrined in Article 14 and subjugates the Election Commission to the authority of the Executive, and it does away willingly and maliciously with the judgement of the apex court. The hard-earned credibility of the Election Commission as an impartial and independent institution is now coming under serious threat. There is a growing perception that the poll panel, a constitutional body that has built for itself an enviable reputation for impartiality, fairness and professionalism over the years, has become a pliable tool in the hands of the ruling dispensation.

Unfortunately, the Election Commission was, and still is, just another Executive authority in practice, instead of being a constitutional authority. This is because Parliament has not enacted a law governing the appointment of Chief Election Commissioner and Election Commissioners so far, though Article 324 of the Constitution mandates that a law be promulgated in this regard. Since there is no specific law, the dispensation at the Centre chooses the Election Commissioners who are often seen to act in tune with those in power. The President makes the appointment on the advice of the union Council of Ministers. By giving the opposition and judiciary a say in the selection, the apex court’s landmark verdict had added sanctity to the selection process. Though some view the SC verdict as a sign of judicial overreach encroaching upon the turf of the Executive, it must, instead, be seen as an attempt to plug a gap created by the silence of the Constitution on the mechanism to pick the top election officials, and an absence of rules and a framework governing the process. Preserving the independence of the constitutional bodies is paramount for the success of democracy. At present, the opaque style of functioning of the poll panel, particularly related to its decisions on the allegations of poll code violations by leaders of various parties, is a matter of concern.

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