On the independence of the EC, Pg10

Key Highlights:

• Opposition alliance seeks removal of Chief Election Commissioner (CEC) amid concerns over electoral process fairness.
• Allegations include irregularities in voter lists during Special Intensive Revision (SIR), potentially targeting minority voters.
• The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Act, 2023 altered the appointment process, excluding the Chief Justice of India from the selection committee.
• Article 324 of the Constitution provides the Election Commission (EC) with powers over presidential, parliamentary, and state legislature elections.

Detailed Insights:

• The fairness of Indian elections has been questioned, particularly regarding alleged vote theft and manipulation of electoral rolls during the SIR.
• Approximately 65 lakh voters' names were allegedly deleted during the SIR in Bihar, leading to legal challenges in the Supreme Court.
• The 2023 Act, replacing the 1991 Act, stipulates that the President appoints election commissioners based on a selection committee consisting of the Prime Minister, a Union Minister, and the Leader of Opposition.
• The exclusion of the Chief Justice of India from the selection committee, as mandated by the Supreme Court in Anoop Baranwal versus Union of India, 2023, has raised concerns about the EC's independence.
• Article 324(5) ensures the CEC's conditions of service cannot be altered to their disadvantage during their tenure, safeguarding their independence.
• The removal process for the CEC is complex, requiring a quasi-judicial Parliamentary procedure similar to that for a Supreme Court judge, as outlined in Article 124(4).
• The Judges (Inquiry) Act, 1968, along with Section 11 of the CEC and other ECs Act, 2023, details the investigation process for misbehavior or incapacity of a commission member.
• The motion to remove the CEC requires significant support in Parliament and involves a three-member committee, including a Supreme Court Judge, a High Court Chief Justice, and a distinguished jurist.

Key Concepts Involved:

• Adult Franchise: The right of all adult citizens to vote, a fundamental aspect of democracy.
• Basic Structure of the Constitution: Core principles that cannot be altered by amendments, ensuring the Constitution's fundamental character.
• Doctrine of Natural Justice: The principle that everyone should be given a fair hearing and an opportunity to present their case.