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Election Commission seeks powers akin to Supreme Court, Lok Sabha-model secretariat

The ECI on Thursday filed reply in response to a notice issued after BJP leader Ashwini Upadhyay filed a plea in the SC last year seeking more protection for Election Commissioners.

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The Election Commission of India (ECI) has asked for an amendment in the Constitution seeking protection from removal of its Commissioners though an executive order either by the government or by the Chief Election Commissioner (CEC). In an affidavit filed in the Supreme Court, the ECI has sought similar procedures involved in the removal of the Commissioners as applicable to apex court judges though a process of impeachment, which has to be approved by both Houses of Parliament. So far the impeachment process is applicable only to Chief Election Commissioner (CEC). He also has powers to remove other two Commissioners.

The ECI on Thursday filed reply in response to a notice issued after BJP leader Ashwini Upadhyay filed a plea in the SC last year seeking more protection for Election Commissioners. In its reply, the ECI said that Article 324(5) of the Constitution should be amended so that similar protection is granted to the other Commissioners like the CEC who can be removed only like a Supreme Court judge. Upadhyay had also sought an independent secretariat for the EC and the authority to make rules.

In its reply to the court, the EC has stated that it supports the idea of bringing a Constitutional amendment and has been asking for it since 1998 so that the removal process of Election Commissioners are not just left to the discretion of the CEC, but is instead made similar to the removal procedure of an SC judge. "The present Constitutional guarantee is inadequate and requires an amendment to provide the same protection and safeguard in the matter of removability of Election Commissioners as is available to the Chief Election Commissioner," reads the EC affidavit.

According to Article 324(5), the CEC enjoys the same protection as an SC judge who can be removed after a motion is passed in either of the two Houses of the Parliament and is subject to the Presidential assent. However, both the Election Commissioners have no such protection and Article 324(5) of the Constitution provides that they can be removed on the recommendation of the Chief Election Commissioner.

The ECI said after 1998, it had again forwarded the proposal in July 2004 as part of 22 proposals on electoral reforms, it had sent to the government, which was referred to the Department Related Parliamentary Standing Committee (RS) on Personnel, Public Grievances, Law and Justice for examination by the Chairman, Rajya Sabha in 2005. In January 2010 another request was sent to the Prime Minister's Office (PMO) while another request for the intervention was made in 2012. This was followed by a list of 47 proposals for electoral reforms, sent on December 2016.

Upadhyay had also sought for a direction to the Union government to ask them to take appropriate steps in order to provide an independent secretariat to the EC and declare its expenditure as charged on the consolidated fund of India on the lines of the Lok Sabha/Rajya Sabha secretariat.

The commission, supporting the said contention, has stated, "EC had first urged the Central government to ensure an independent secretariat for the ECI. It was of the opinion that it would be a symbol of the independence of the commission and will secure its unconstrained functioning.

Article 324(5)

As per Article 324(5), the CEC enjoys the same protection as an SC judge who can be removed after a motion is passed in either of the two Houses of the Parliament and is subject to the Presidential assent. 

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