Topic– Part of static series under the heading – “Election Commission of India – organization, structure and functioning”
5) Discuss the composition and manner of appointment of members of ECI. Examine whether the election commissioners and CEC are equal. In your opinion, do you think the process of appointment of election commissioner needs to be formalized by law?(250 words)
Key demand of the question
The question is quite straightforward in its demand. While answering the second part, relevant court judgements and the established view on this matter should be mentioned. In the third part, our view should be based on suggestions made by experts in the past.
Discuss – the composition and manner of appointment of EC and its members needs to be mentioned.
Examine – The established view and the lead-up to that view needs to be brought out.
Structure of the answer
Introduction – mention the composition and manner of appointment of EC and its members.
- Discuss how the position of SC changed from SS Dhanoa case 1991 to TN Sheehan Case 1995. Mention that the CEC cannot over-ride any decision of the commission by himself. As Chairman of the Election Commission he presides over the meetings, conducts the business of the day and ensures smooth transaction of business of the commission.
- Highlight that SC last year had directed the government to formalize the appointment process of election commissioners. Discuss why this is needed and the nature of reforms needed.
Conclusion – Discuss the relevance of ECI for democracy in India , mention that ECI off late has been caught in certain debates over its independence which is of grave threat, hence establishing the need for reforms.