Plea for independent panel to appoint EC members
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Govt. appointments to ballot physique violate Basic Structure of the Constitution, say petitioners
A petition was filed within the Supreme Court looking for the structure of an independent collegium to appoint members of the Election Commission.
The plea filed by Association for Democratic Reforms, represented by advocates Prashant Bhushan and Cheryl Dsouza, stated the practise of presidency making the appointments to the ballot physique is a violation of the Basic Structure of the Constitution and creates a dent on free and truthful elections in a democracy.
The petition stated the advice to have a impartial collegium to replenish vacancies within the Election Commission have been given by a number of knowledgeable committees, commissions from 1975.
The advice was additionally a part of the Law Commission in its 255th report in March 2015.
“The appointment of Chief Election Commissioner and Election Commissioners is done solely by the Executive… Election Commission should be insulated from political and/or Executive interference… the appointment of members of the Election Commission on the whims and fancies of the Executive violates the very foundation on which it was created, thus, making the Commission a branch of the Executive,” the petition stated.
It stated the appointment to the ballot physique by the federal government is incompatible with Article 324(2) — appointments to be made by the President — and is “manifestly arbitrary”.
“The Election Commission is not only responsible for conducting free and fair elections, but it also renders a quasi judicial function between the various political parties including the ruling government and other parties. In such circumstances the Executive cannot be the sole participant in the appointment of members of the Election Commission as it gives unfettered discretion to the ruling party to choose someone whose loyalty to it is ensured and thereby renders the selection process vulnerable to manipulation,” the petition argued.
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