Approach:

• Briefly introduce the Election Commission of India as the watchdog of democracy
• In the body part, state the constitutional and statutory Provisions, along with conventions that ensures the independency of the ECI
• Conclude the answer by stating the reforms needed to make it a more effective body

Answer:

The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India and the election for the office of President and Vice President. Its primary task is to assure free and fair elections.

Provisions that ensure the independence of ECI:

Constitutional Provisions:

• The Chief Election Commissioner (CEC) can be removed in a similar manner as that of a Judge of Supreme Court.
• Conditions of service of the CEC shall not be varied to his disadvantage after appointment.
• Any Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the CEC.

Statutory Provisions - under the Chief Election Commissioner and Other Election Commissioners (Conditions of Service) Act, 1991:

• Term of service to be 6 years or till the age of 65 years
• The rank and status of the CEC and other EC to be same as Supreme Court Judge.

Conventions:

• The CEC or ECs are Senior Civil servants or retired civil servants who have good knowledge in administration.
• Provisions of reappointment is not available on completion of term commissioners.

Way forward:

1. Make the appointment through a high-level panel/multiple-member body similar to CVC appointment. Even the Chief Justice of India can be included in the appointment committee to ensure “neutrality”.
2. Removal: The election commissioners should be removed in a similar fashion as that of the CEC.
3. On completion of term, the commissioners should not join any political party for least 10 years.
4. The Administrative expenditure of the ECI should be charged on CFI.