Pointing out that there was “growing concern” with regard to the independence and autonomy of the Election Commission, Congress MP Manish Tewari on Saturday introduced a private member’s Bill in the Lok Sabha which seeks the formation of a high-level committee headed by the Prime Minister and consisting of the union home minister, Leader of the Opposition and the Chief Justice of India to select the Chief Election Commissioner (CEC) and the Election Commissioners (ECs) and Regional Commissioners.

Incidentally, the Bill also seeks more power to the Election Commission to “regulate, monitor and superintend” the internal functioning of all political parties, including internal elections of all registered political parties.

Calling the internal functioning of most political parties “opaque and ossified”, the Bill seeks to provide the EC with the necessary wherewithal to regulate the internal functioning of all political parties registered with it and to withdraw their recognition as national or State parties if they fail to comply with the directions of the Commission with regard to their internal functioning. It says there is a need to make the functioning of political parties transparent, accountable and rule-based.

In September, the senior Congress leader who was a part of the ‘G-23’ group of dissenters, exited from the contest for the party president’s post.

Termed the Constitution (Amendment) Act, 2022, Tewari has described the bill as “the second wave of Democratic Reforms that India requires”. Failing to adhere to the directions with regard to the internal functioning of political parties, the bill would empower ECI to withdraw recognition as national or state parties and to take such appropriate action under Section 16-A of the Election Symbols (Reservation and Allotment Order) 1968.

The proposed legislation seeks the insertion of a new article, 328 (A), to empower the EC to regulate, monitor and superintend the elections in registered political parties in accordance with their respective constitutions until a Model Internal Code is prescribed by the EC.

“It shall be incumbent upon all registered political parties to incorporate the Model Election Code into their respective constitutions after its formulation by the Election Commission,” the Bill says.

The Bill envisages a fixed tenure of six years for the Chief Election Commissioner and Election Commissioners and three years from the date of appointment for the Regional Commissioners.

“They should not be removed from office except in accordance with the procedure laid down for the removal of a Supreme Court Judge. Also, after retirement they should not be eligible for any reappointment to any office under the Government of India, State Governments and the Constitution,” the Bill says.

Image source: Indian Express