No plans yet for new law to appoint ECs: Centre in LS

Weeks after the Supreme Court asked the Centre why no enabling law as mandated under the Constitution for appointment of the Chief Election Commissioner and Election Commissioners had been framed so far, the government on Wednesday said that it has no plans as of now to draft such a law.

In response to a question, Union Minister of State for Law PP Chaudhary also told the Lok Sabha that there was no proposal to introduce collegium system to appoint election commissioners.

Sources in the government also told DNA that the possibility of the NDA government amending the law for a collegium system for appointment of Chief Election Commissioner and Election Commissioners is bleak.

"We will take a structured stand when time comes. But, let me say, a decision is not likely anytime soon. Where is the hurry?" a senior government functionary told DNA on condition of anonymity.

Incidentally, when it was in the Opposition, the BJP had written to the previous Congress-led UPA government, demanding selection of Election Commissioners through a broad-based collegium.

BJP leader LK Advani had written to the government, arguing that the current system of appointment of CEC and ECs was open to manipulation and partisanship and hence should be replaced with a collegium comprising the Prime Minister, Chief Justice of India, Law Minister and Leaders of Opposition of both Houses. "The present system, whereby members to the Election Commission are appointed by the President, solely on the advice of the Prime Minister, does not evoke confidence among the people,'' his letter dated June 2, 2012, read.

However, the UPA government had rejected the BJP leader's recommendation.

It wasn't just Advani who wanted a change in the system of appointment of Election Commissioners. At least three former Chief Election Commissioners – BB Tandon, N Gopalaswamy and SY Quraishi have recommended the same to the government.

In its 255th report on electoral reforms, the Law Commission of India, while noting that there was "no concept of collegium and no involvement of the Opposition (in the appointment process)", recommended that appointment of all the ECs, including the CEC, "should be made by the President in consultation with a three-member collegium or selection committee, consisting of the Prime Minister, the Leader of the Opposition of the Lok Sabha (or the leader of the largest Opposition party in the Lok Sabha in terms of numerical strength) and the Chief Justice of India".

"The Commission considers the inclusion of the Prime Minister important as a representative of the current government," the report said.

This, it said, was important for the purpose of maintaining the neutrality of the Election Commission and "to shield the CEC and Election Commissioners from executive interference".

Justice AP Shah, former chairman of the Law Commission, who submitted the report that recommended the collegium system of appointment said, "I believe there should be a selection committee to make the appointments. The best way to ensure that such a system is instituitionalised is through a law. Successive governments have not passed a law on this. The present practice is that the law minister in consultation with the Prime Minister makes the appointment. A bureaucrat of the sitting government's choice is usually chosen. This happens every time an appointment is to be made. Surely, this is not conducive for free and fair elections. If you regard elections as part of the basic structure of the Indian Constitution and democratic system, we need an independent Election Commission, and the process of appointments to the body must be made transparent."

Asked if the selection of ECs, if done through a collegium, should be made through majority or unanimous, the jurist said, "I am fairly clear that such selections must be unanimous by the selection committee. Several recent appointments have been controversial, where the Leader of Opposition has had reservations. Such a situation is not desirable."