Why in the news?
Amidst SIR exercise, the Opposition raised questions on the independence of ECI.
About Election Commission of India(ECI)
The Election Commission of India (ECI), established under Article 324, is responsible for ensuring free, fair, and impartial elections. Its independence is essential for democratic legitimacy.
Constitutional Safeguards Ensuring Independence
1.Security of Tenure – CEC-The Chief Election Commissioner (CEC) can be removed only through a process similar to that of a Supreme Court judge- by a special majority of Parliament on grounds of proved misbehaviour or incapacity.
2.Protection for Election Commissioners (ECs)-ECs can be removed only on the recommendation of the CEC, preventing arbitrary dismissal by the executive.
3. Financial Independence-ECI’s expenses are charged on the Consolidated Fund of India, insulating it from executive control through budget cuts.
4. Plenary Powers under Article 324-ECI can act when existing laws are inadequate, allowing it functional autonomy during elections
Independence After the 2023 Act
Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This Act overrides the 2023 Supreme Court directive that required a three-member committee :PM + Leader of Opposition + CJI.
Key Provisions and Their Impact
1.New Appointment Committee-Appointments to CEC and ECs now made by a three-member panel:
- Prime Minister (Chairperson)
- Leader of Opposition in Lok Sabha
- Union Cabinet Minister nominated by the PM
Impact: Replaces the CJI with a Cabinet minister, increasing executive dominance over appointments, raising concerns about ECI independence.
2. Service Conditions-CEC and ECs will have the same salary and perks as Cabinet Secretary.
Impact: This equates their status with high-ranking executive officers, which critics argue may reduce institutional insulation from the government.
3.Term of Office-Fixed tenure of 6 years or until age 65, whichever earlier.
Impact: Fixed tenure supports stability, but early retirement age could shorten term length.
4. Removal & Suspension-No change: CEC retains constitutional protection; ECs removable only on CEC’s recommendation.
Challenges to Independence (Post-2023 Act)
- Executive-Dominated Appointments: A selection panel with a government majority may undermine the Commission’s neutrality.
- Exclusion of CJI: Removing the Chief Justice from the panel weakens institutional checks and balances.
- Status Dilution: Equating the CEC/ECs with a bureaucratic rank risks undermining their constitutional stature.
- Post-Retirement Incentives: Possibility of government-appointed positions may affect independent decision-making.
- Administrative Dependence: Continued reliance on government machinery for staffing and logistics limits functional autonomy.
The Election Commission of India, protected by the Constitution, ensures free elections; the 2023 Act clarifies appointments, and strengthening autonomy and capacity can further reinforce its credibility and democratic role.
[UPSC 2012] Consider the following statements:
- Union Territories are not represented in the Rajya Sabha.
- It is within the purview of the Chief Election Commissioner to adjudicate election disputes.
- According to the Constitution of India, the Parliament consists of the Lok Sabha and the Rajya Sabha only.
Options: (a) 1 only (b) 2 and 3 (c) 1 and 3 (d) None*
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