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BUDDHA ACADEMY TIKAMGARH (MP) || ☺ || CPCT_Admission_Open

created Apr 19th 2019, 10:00 by GuruKhare


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To my mind, the genesis of the problem lies in the flawed system of appointment of election commissioners, who are appointed unilaterally by the government of the day. This debate can be settled once and for all by depoliticising appointments through a broad-based consultation, as in other countries. In its 255th report, the Law Commission recommended a collegium, consisting of the Prime Minister, the Leader of the Opposition and the Chief Justice of India. Political stalwarts such as L.K. Advani, and former Chief Election Commissioners including B.B. Tandon, N. Gopalaswami and me supported the idea in the past even when in office. But successive ruling dispensations have ducked the issue, not wanting to let go of their power. It is obvious that political and electoral interests take precedence over the national interest.
 
A public interest litigation was also filed in the Supreme Court in late 2018 calling for a "fair, just and transparent process of selection by constituting a neutral and independent Collegium/selection committee". The matter has been referred to a constitution bench. It's not a routine matter. On issues of such vital importance, even the Supreme Court which I have always described as the guardian angel of democracy has to act with utmost urgency. If democracy is derailed, its future too would be in jeopardy. Besides the manner of appointment, the system of removal of Election Commissioners also needs correction. Only the Chief Election Commissioner is protected from being removed except through impeachment. The other two commissioners having equal voting power in the functioning of the EC can outvote the CEC 10 times a day. The uncertainty of elevation by seniority makes them vulnerable to government pressure. The government can control a defiant CEC through the majority voting power of the two commissioners. One has to remember that the Constitution enabled protection to the CEC as it was a one-man commission initially. This must now be extend to other commissioners, who were added in 1993, as they collectively represent the EC.
The EC's reputation also suffers when it is unable to tame recalcitrant political parties, especially the ruling party. This is because despite being the registering authority under Section 29A of the Representation of the People Act, 1951, it has no power to de-register them even for the gravest of violations. The EC has been seeking the power to de-register political parties, among many other reforms, which the EC has been wanting.
 
 

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