India's Electoral Appointment Process and Concerns
India, as the world's largest democracy, has long valued the integrity of its elections, managed by the Election Commission of India (ECI). However, the appointment process of election commissioners (ECs) has faced scrutiny, raising concerns about the ECI's autonomy and impartiality.
Advocacy for Transparent Appointment Process
Several civil society organizations (CSOs), alongside BJP leader L K Advani, advocate for a transparent and bipartisan appointment process. Notable organizations include:
- Association for Democratic Reforms (ADR)
- Internet Freedom Foundation
- Common Cause
- Lok Satta Movement
- India Rejuvenation Initiative
Legal Challenges and Supreme Court Involvement
The ADR filed a petition in 2015 challenging the executive control over EC appointments, arguing it compromised ECI's independence. Despite its critical nature, the Supreme Court has not expedited hearings. In March 2023, in Anoop Baranwal vs Union of India, the Supreme Court noted the absence of a legislative framework for EC appointments despite Article 324(2) of the Constitution. The Court suggested appointments be made by a committee involving the Prime Minister, Leader of the Opposition, and Chief Justice of India until a law is enacted.
Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023
In December 2023, Parliament passed an Act excluding the Chief Justice of India from the selection panel, instead forming a committee with:
- The Prime Minister
- A Union Cabinet Minister (nominated by the PM)
- Leader of the Opposition
This change was challenged by ADR in January 2024 for undermining the bipartisan spirit. Despite ongoing judicial reviews, the government made appointments under this new law, raising concerns about its impact on election integrity.
International Comparison of Appointment Processes
- United States: Commissioners appointed by the president with Senate approval.
- South Africa: Appointments made by the president on the National Assembly's recommendation.
- Brazil: Appointments by the Federal Supreme Court.
- United Kingdom: The Speaker’s Committee on the Electoral Commission handles appointments, ensuring cross-party membership.
- France: Joint appointments by the president, legislature, and judiciary.
- Nepal: President appoints CEC and ECs on the constitutional council's recommendation following a parliamentary hearing.
Conclusion
The integrity of India's electoral process relies heavily on the ECI's independence and impartiality. Adopting a bipartisan and neutral collegium-based system, inspired by global practices, could enhance trust in the democratic process. Reintroducing the Chief Justice of India into the selection committee may mitigate current challenges. The decision now lies with the executive's willingness to uphold democratic ideals.