Need for an Independent Collegium for EC

• A petition was filed in the Supreme Court seeking the constitution of an independent collegium to appoint members of the Election Commission.
• The plea filed by Association for Democratic Reforms, represented by advocates Prashant Bhushan and Cheryl Dsouza, said the practise of government making the appointments to the poll body is a violation of the Basic Structure of the Constitution and creates a dent on free and fair elections in a democracy.
• The petition said the recommendation to have a neutral collegium to fill up vacancies in the Election Commission have been given by several expert committees, commissions from 1975.
• The recommendation was also part of the Law Commission in its 255th report in March 2015.

About Election Commission of India

• It is an autonomous constitutional authority responsible for administering Union and State election processes in India.
• The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice President in the country.
• Article 324 of the Constitution: It provides for appointment of a Election commission to superintend, direct and control the elections.

Structure :

• Originally the commission had only one election commissioner but after the Election Commissioner Amendment Act 1989, it has been made a multi-member body.
• The commission presently consists of one Chief Election Commissioner (CEC) and two Election Commissioners (ECs).
• The secretariat of the commission is located in New Delhi.

Present System of Appointment:

• There is no prescribed procedure for appointment of the CEC and EC as per the Constitution.
• Under the Transaction of Business rules 1961, the President shall appoint the CEC and EC based on the recommendations made by the Prime Minister.
• Therefore, it is the executive power of the President to appoint CEC and ECs.
• However, according to Article 324(5), the Parliament has the power to regulate the terms of conditions of service and tenure of ECs.

Need for an Independent Collegium: Recommendation of Committees:

• The recommendation to have a neutral collegium to fill up vacancies in the Election Commission have been given by several expert committees, commissions from 1975.
• The recommendation was also part of the Law Commission’s 255th report in March 2015.
• In 2009, the Second Administrative Reforms Commission in its fourth report suggested a collegium system for CEC and ECs.
• In 1990, the Dinesh Goswami Committee recommended effective consultation with neutral authorities like the Chief Justice of India and the Leader of the Opposition for the appointment in the Election Commission.
• In 1975, the Justice Tarkunde Committee recommended that the members of the Election Commission should be appointed by the President on the advice of a Committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India.

Current Office Holders

•  Sh. Sushil Chandra:- Chief Election Commissioner
• Sh. Rajiv Kumar:- Election Commissioner.
• 2nd Election Commissioner:- Vacant

Removal Procedure

• The Chief Election Commissioner cannot be removed from his post easily on account of any political reasons. This is necessary so as to preserve the independence of election commission.
• Chief Election Commissioner of India can be removed from his office by the President on the basis of a resolution passed to that effect by both the houses of parliament with a two-thirds majority in both the Lok Sabha and the Rajya Sabha on the grounds of proved misbehavior or incapacity.
• Other Election Commissioners can be removed by the President of India on the recommendation of the Chief Election Commissioner.
• A Chief Election Commissioner has never been removed in India.

==========================================

Crack CLAT 2022 & Reach Your Dream NLU! So, why wait? 
CLAT 2022: A Comprehensive Course (with Foundation module) Batch 3:
Start Free Trial Now! 

All the Best!!!