What to Read in Indian Express Editorial( Topic and Syllabus wise)

Editorial 1 : Doing the Right Thing

Context: Appointment of new Chief Election Commissioner.

Introduction: The Election Commission of India (ECI) has been the cornerstone of free and fair elections in India. However, the appointment process of election commissioners (ECs) has been questioned for years, raising serious concerns about the autonomy and impartiality of this vital institution.

Historical Context: Civil Society Advocacy

• Organizations like the Association for Democratic Reforms (ADR), Common Cause, and Lok Satta Movement have campaigned for reforms since 2015.
• BJP leader L.K. Advani also emphasized the need for bipartisan appointments.

 

Legal Challenges and Judicial Response

• ADR’s 2015 Petition
  1. Challenged exclusive executive control over EC appointments under Article 324(2).
  2. Referred to a Constitution Bench in 2018 but no expedited hearings.
• Supreme Court’s 2023 Ruling (Anoop Baranwal vs Union of India)
  1. Directed the creation of a selection committee comprising the Prime Minister (PM), Leader of Opposition (LoP), and Chief Justice of India (CJI) until Parliament legislated a law.
  2. Highlighted Parliament’s 70-year failure to enact legislation under Article 324(2).

 

2023 Act and its Implications

• Key Provisions of the 2023 Act
  1. Replaced the CJI with a Union Cabinet Minister nominated by the PM in the selection panel.
  2. Committee composition: PM + Cabinet Minister + LoP.
• Criticisms
  1. Partisan Bias: Reduced judicial oversight, granting the ruling party a 2:1 majority in appointments.
  2. Undermined SC’s Intent: Overturned the spirit of the 2023 Supreme Court ruling.
  3. Optics: Raised concerns about the ECI’s perceived independence.

 

Post-2023 Act Developments

• ADR’s 2024 Challenge
  1. Petitioners argued the Act institutionalized executive dominance.
  2. Supreme Court refused to stay the law, enabling appointments under the new framework.
• Controversial Appointments
  1. March 2024: Two ECs appointed under the 2023 Act despite pending judicial review.
  2. February 2025: New CEC appointed via midnight order before the scheduled hearing.
• Judicial Delays: Hearing adjourned indefinitely after February 19, 2025, leaving constitutional questions unresolved.

 

International Comparisons

• Global Best Practices
  1. USA: President appoints with Senate approval.
  2. South Africa: President selects based on National Assembly recommendations.
  3. UK: Cross-party Speaker’s Committee oversees appointments.
  4. France/Nepal: Multi-stakeholder involvement (executive, legislature, judiciary).
• Most democracies ensure bipartisan/neutral mechanisms to safeguard electoral integrity.

 

Key Concerns

• Executive Overreach: 2023 Act perpetuates ruling party dominance in EC appointments.
• Judicial Inaction: Delayed hearings and refusal to stay the Act weakened institutional checks.
• Public Perception: Erosion of trust in the ECI’s independence due to partisan appointments.
• Legal Vacuum: Parliament’s failure to legislate for 70 years enabled ad-hoc solutions.

 

Implications for Indian Democracy

• Threat to Electoral Integrity: Risks of biased oversight in elections.
• Institutional Erosion: Weakens the ECI’s constitutional mandate as an impartial arbiter.
• Precedent: Executive’s ability to override judicial recommendations sets a dangerous template for other autonomous bodies.

 

Way Forward: Recommendations

• Restore CJI’s Role: Reintroduce the CJI into the selection panel to balance executive influence.
• Legislative Reform: Enact a bipartisan law aligning with global standards (e.g., UK’s cross-party model).
• Judicial Urgency: Supreme Court must prioritize cases critical to democratic institutions.
• Public Awareness: Civil society must sustain pressure for transparent processes.

 

Conclusion: The integrity of India’s electoral process hinges on the independence and impartiality of the Election Commission, real and visible. Embracing a bipartisan and neutral collegium-based appointment system, drawing from global best practices, would not only fortify the ECI’s autonomy but also bolster public confidence in the democratic process.