Petition in Supreme Court for independent collegium for Election Commission appointments

In a key development, a petition was moved in the Supreme Court on Monday, seeking the constitution of an independent collegium for making appointments to the Election Commission. In the petition, The Association of Democratic Reforms being represented by Advocate Prashant Bhushan stated that the present process of appointing members to the Commission by the executive is incompatible with Article 324 (2) of the constitution. 

Independent collegium for making appointments to the Election Commission

Citing the view of the constitution-makers, in the petition, it was stated, "There's no doubt that in order to ensure the purity of the election process it was thought that the responsibility to hold free and fair elections in the country should be entrusted to an independent body which would be insulated from political and/ or executive interference." It further read, "The appointment of members of Election Commission on the 'pick and choose' of the executive violates the very foundation for which it was created, thus, making the Commission a branch of executive."

Citing Law Commissions' 255th Report of 2015, Fourth Report of January 2007 of Second Administrative Reform Commission, Dr. Dinesh Goswami Committee's  May 1990 Report, which had all recommended the names for appointment on the vacant position of the Election Commission by an independent collegium, the petitioner in his petition, requested the Court to ensure the same, by 'writ of mandamus or an appropriate writ, order or direction'. The petitioner demands an individual collegium reasoning, that the present system of appointment is a violation of Article 324 (2) of the constitution. 

The Association of Democratic Reforms- the society behind many changes in the electoral process 

A registered society under the Societies Registration Act XXI of 1860, The Association of Democratic Reforms has been in the vanguard of electoral and political reforms in the country. In the past years, it has been indulged in activities related to advocacy for transparent functioning of the political parties, conducting a detailed analysis of candidates in every election, and analysing the financial records of political parties as well as the ministers. 

In 1999, ADR filed a PIL in the Delhi High Court seeking disclosure of criminal financial and educational background of candidates contesting in the elections, and based on this, the Supreme Court in 2002 and 2003 made it mandatory for the candidates to disclose their criminal, financial and educational background prior to the polls by filing an affidavit. Then in April 2008, ADR obtained yet another landmark order from the Central Information Commission, as per which Income Tax Returns of political parties and assessment order passed by them will be available to the citizens. Besides, is also working to bring political parties and leaders under the ambit of Right to Information (RTI).

(Credit-PTI)