Question

Consider the following statements with regard to the Election Commission of India:
(i) The Anoop Baranwal case (2023) changed the process for appointing the Chief Election Commissioner.
(ii) The Election Commission is a permanent constitutional body under Part XV of the Constitution.
(iii) The Election Commission has no role in advising on the disqualification of members of Parliament.

Which of the statements given above is/are correct?

• A. only (i)
• B. only (ii)
• C. only (i) and (ii)
• D. All the above

Answer 1

Answer:

C. only (i) and (ii)

Election Commission of India (ECI)

Key Aspects and Recent Developments:

• Constitutional Mandate: The Election Commission of India is a permanent constitutional body established under Part XV (Articles 324-329) of the Constitution of India. It is responsible for conducting and supervising elections to the Parliament, State Legislatures, and the office of the President and Vice-President.
• Composition and Appointment:
  • Initially, the ECI consisted of only a Chief Election Commissioner (CEC).
  • In 1993, the ECI was made a multi-member body, comprising the CEC and two Election Commissioners (ECs).
  • Anoop Baranwal Case (2023) Landmark Judgment: The Supreme Court, in this significant ruling, laid down a new procedure for the appointment of the Chief Election Commissioner and Election Commissioners. The court ruled that a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India would recommend names for the appointment of CEC and ECs to the President. This effectively introduced a collegium system, aiming to ensure greater independence and transparency in appointments, overriding the previous sole discretion of the executive.
• Role in Disqualification of MPs/MLAs: The Election Commission plays a crucial role in advising the President (in case of Lok Sabha and Rajya Sabha members) and the Governor (in case of State Legislature members) on matters relating to the disqualification of members. This advice is sought under Article 103 (for Parliament) and Article 192 (for State Legislatures) of the Constitution, typically when a member is alleged to have incurred disqualification under the Tenth Schedule (anti-defection law) or other provisions.
• Significance for Competitive Exams:
  • Understanding the constitutional basis of the ECI is fundamental.
  • Knowledge of recent judicial pronouncements, like the Anoop Baranwal case, is crucial as questions on appointment processes are frequently asked.
  • The ECI's advisory role in disqualification proceedings is a common topic in polity sections.