DNA Exclusive: PIL in Supreme Court seeks autonomy for Election Commission

A petition in the Supreme court was filed on Tuesday seeking autonomy for the Election Commission of India (ECI).

To strengthen the independence of the election process and maintain its purity, the petition filed by advocate Ashwani Kumar Upadhyay seeks a new framework to empower the ECI to make rules after consultation with the government.

"Conferring the rule making power to the ECI is not only necessary to insulate it from Executive/Political pressure but also essential to ensure a free and fair election in spirit of Article 324 of the Constitution of India," the petition reads. 

Kumar suggests that "maintaining the purity of elections requires multi-pronged approach, which includes removing the influence of money and muscle power, expediting the disposal of election petitions, introducing the internal democracy and financial transparency in the functioning of political parties, strengthening the Election Commission and regulating the opinion polls and paid news." 

"These are some issues, which have plagued our electoral system over the decades and eroded the trust of citizens," the petition added. 

In his petition, Kumar has suggested that the Bill, which lapsed with the dissolution of the 10th Lok Sabha, needs reconsideration and the expenditure of the ECI should be charged on consolidated fund of India. 

In addition, Kumar has also sought parity for the Election Commissioners so that they shall not be removed from their office except in the like manner and on the like grounds as the Chief Election Commissioner who can be removed on the same grounds as that of a Supreme Court judge. 

"The current constitutional guarantee is inadequate and requires an amendment to provide the same protection and safeguard in the matter of removability of the ECs as available to the CEC." 

ECI cannot function independently until the CEC & ECs are protected similarly, its expenditure is charged as consolidated fund and has independent secretariat & rule making authority.

Kumar submitted that various Committees & Commissions including the Goswami Committee, Election Commission and Law Commission (in 255th Report) have suggested in this regard but the Executive has not implemented those recommendations till date.

Kumar reasoned that by giving protection to the CEC as enjoyed by the Judge of this Hon’ble Court in matters of removability from office is in order to ensure autonomy to the ECI from external pulls and pressure. The element of independence sought to be achieved under the Constitution is not exclusively for an individual alone but for the institution. Hence, autonomy to the ECI can only be strengthened if the ECs are also provided with the similar protection as that of the CEC, the petition says. 

That to strengthen the independence of the ECI, the Goswami Committee recommended that the ECI should have an independent secretariat, along the lines of the Lok Sabha/Rajya Sabha secretariats, provided in Article 98(2), which permits the Parliament to regulate the recruitment and service conditions of persons appointed to secretarial staff in either House of Parliament.