Why in the news? 

The plea filed by the NGO Association for Democratic Reforms seeks an urgent hearing as it raises concerns about potential unfair advantage in filling Election Commission vacancies after Arun Goel’s resignation.

Context

• The unexpected resignation of Arun Goel ahead of the Lok Sabha elections raised concerns about potential unfair advantage in filling the vacancies.
• The NGO Association for Democratic Reforms requested the new law on EC appointments to be put on hold and urged the involvement of the Chief Justice of India in the selection committee, as directed by a previous Supreme Court judgment.

About the CEC and Other ECs (Appointment, Conditions of Service, and Term of Office) Bill, 2023:

• The Bill replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
  • It addresses the appointment, salary, and removal of the CEC and ECs.

Why Free and fair elections are necessary?

• Protects from Intimidation and Fraud: Concerns were raised about the potential for unfair advantage due to the Executive’s ability to appoint two Election Commissioners, which could compromise the independence of the Election Commission.
• Consensus building and Integrity: Emphasis on the critical role of the Election Commission in ensuring free and fair elections, highlights the importance of fair and unbiased appointments to maintain the integrity of the electoral process.
• Anoop Baranwal Case: Reference to the Supreme Court’s judgment in the Anoop Baranwal case, where a Constitution Bench directed the appointment of the Chief Election Commissioner (CEC) and two ECs by the President based on the advice of a committee consisting of the Prime Minister, Leader of Opposition, and Chief Justice of India (CJI).
• Government’s Response: Mention of the government’s enactment of the Chief Election Commission and other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the CJI with a Cabinet Minister on the selection committee, thereby giving the Centre more control over the appointment process, contrary to the Supreme Court’s judgment.

Way Forward: Need to avoid Political interference: 

• Current Leadership: Mention of CEC Rajiv Kumar being in sole charge of the Election Commission at present, indicates the need to address vacancies in the position of Election Commissioners to ensure effective functioning, especially with impending elections.
• Independence of Election Commission: Emphasis on the importance of maintaining the independence of the Election Commission from political and executive interference to ensure free and fair elections and uphold democracy.
• Insulation from Interference: Arguing that the Election Commission should be insulated from political and/or executive interference to preserve the integrity of the electoral process and protect democratic principles.
• Critical Role of Election Commission: Highlighting the critical role of the Election Commission in various aspects such as ensuring free and fair elections, resolving disputes between political parties, and maintaining accurate voter lists and turnout, underscoring the urgency to address vacancies in the Commission.

Conclusion:

• The government should reconsider the appointment process, ensuring the inclusion of the Chief Justice of India in the selection committee to uphold the independence and integrity of the Election Commission.

Mains PYQs

Q. Discuss the role of the Election Commission of India in light of the evolution of the Model Code of Conduct. (2022)

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