ADR organised a webinar on "Should there be a collegium system for the appointment of Election Commissioners?” on 23rd February 2023 at 3:00 PM (IST). 

Media Coverage:

The Print: Former CEC, RJD MP support consultative mechanism for appointment of EC chief, commissioners

Latestly: India News | Former CEC, RJD MP Support Consultative Mechanism for Appointment of EC Chief, Commissioners

Click on one of the following links to watch the webinar:

1. Facebook: https://www.facebook.com/events/898074944835793 OR https://www.facebook.com/events/919140639111017
2. YouTube: https://www.youtube.com/watch?v=f4s202tjyvg

1. Constitutional validity of the appointment process of the Members of the Election Commission and the Role of the Supreme Court to cure the void in law. 

2. There is nothing in the  Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991  to provide that no CEC or EC shall be eligible for further appointment to any office or post under the government (including the office of Governor or Lt. Governor) after his retirement and further to provide that a CEC and EC shall be prohibited from joining any political party for at least ten years after demitting office.

3. The hasty and tearing hurry in the appointment of Mr Arun Goel by the Govt with the file moving at lightning speed, the procedure taking less than 24 hours from start to finish on November 18 was questioned by the Supreme Court in the hearings convened on 22nd, 23rd and 24th Nov '22: In such a scenario how can the ECI be insulated from the political/and or Executive interference to prevent any kind of manipulation in the selection process?

4. Lack of mechanism and vacuum in the appointment process of election commissioners to the extent that there is a grave danger of ECI becoming a handmade body: Need to have a system in place that gives clear indication about the category of people coming into the Election Commission; who are honest, free, fearless, credible, and men of character.

5. Security of tenure is linked with the independence of the Members of the Election Commission: Tenure of the CEC and ECs is six years or 65 years of age, whichever comes early; however, at present, appointments are being made of only those officials who can't complete six years of the term.

6. Disabilities imposed on voters' right to a vibrant democracy and free and fair elections because of the current manner of appointments of Members of the Election Commission. In the absence of a well-defined procedure for selection and eligibility criteria for the Members of the Commission, the integrity and independence of the ECI can't be preserved & strengthened to maintain the public's faith and confidence in the institution.  

7. Recommendations of the Committee reports on the appointment process of the Election Commissioners; Law Commission in its 255th Report of March 2015; Second Administrative Reform Commission in its fourth Report of January 2007; Dr Dinesh Goswami Committee in its Report of May 1990; and Justice Tarkunde Committee in its Report of 1975 are still lying in the back burner.