Election Commission Terms and Conditions of Service of EC And CEC

Summary

In this informative video lecture, the speaker discusses the distinctions between the Chief Election Commissioner (CEC) and Election Commissioners (ECs), highlighting their roles, conditions of service, and appointment processes. Following the Supreme Court case *Anu Baranwal vs. Union of India*, which challenged the existing appointment system, the Court mandated a new process to safeguard the Election Commission's independence. A committee, consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India, will now recommend appointments to ensure impartiality in the election process. The lecture concludes with a promise of further discussions on related election offices.

Takeaways

• 😀 The Supreme Court prefers a multi-member Election Commission over a single-member body.
• 📜 The Chief Election Commissioner (CEC) is the chairman of the Election Commission.
• 🔒 The CEC can only be removed under the same conditions as a Supreme Court Judge.
• 🗳️ Election Commissioners (ECs) can be removed on the recommendation of the CEC.
• ⚖️ The CEC's conditions of service cannot be changed to their disadvantage.
• 🏛️ The office of the CEC is a permanent fixture, while the appointment of ECs is optional.
• 👥 The appointment of Election Commissioners is made by the President of India.
• 📅 The recent case of Ano Baranwal vs. Union of India challenged the constitutionality of the appointment process.
• 🏛️ The Supreme Court emphasized the need for an independent Election Commission to ensure free and fair elections.
• 🔄 A committee has been formed to recommend appointments of Election Commissioners until a new law is enacted.

Q & A

What preference does the Supreme Court show regarding the structure of the Election Commission?

The Supreme Court shows a preference for a multi-member Election Commission rather than a single-member body.

What are the main differences between the Chief Election Commissioner (CEC) and other Election Commissioners?

The CEC is the chairman and cannot be removed except through a process similar to that of a Supreme Court judge, while other Election Commissioners can be removed on the CEC's recommendation. Additionally, the CEC's conditions of service cannot be altered to their disadvantage.

Who appoints the Election Commissioners in India?

The President of India appoints the Election Commissioners.

What legal challenge was made regarding the appointment process of Election Commissioners?

In the case of Ano Baranwal vs. Union of India, a public interest litigation was filed challenging the constitutionality of the current appointment process, arguing it compromised the independence of the Election Commission.

What were the two primary issues discussed by the court regarding the appointment of Election Commissioners?

The court discussed whether the current appointment process violates the right to equality and whether it undermines the right to free and fair elections.

What conclusion did the court reach regarding the independence of the Election Commission?

The court concluded that the Election Commission's responsibilities are crucial to the election process and that its independence is compromised as long as the executive controls the appointments.

What modification did the five-judge constitutional bench make to the appointment process?

The bench modified the process to create a committee consisting of the Prime Minister, the Leader of Opposition in Parliament, and the Chief Justice of India, which will recommend and advise the President on appointments until a separate law is enacted.

Why is an independent Election Commission important for the electoral process?

An independent Election Commission is essential to ensure free and fair elections, as it helps maintain the integrity of the electoral process by being free from executive influence.

What responsibilities does the Election Commission of India hold?

The Election Commission is responsible for tasks such as the proper allocation of party symbols, de-recognition of parties, enforcement of the model code of conduct, and penalization for non-compliance.

What future topic will be discussed in the next video lecture?

The next video lecture will discuss other offices related to the Election Commission.