SC Addresses Plea Against Law Granting Immunity to Election Commissioners
Summary
The Supreme Court has issued a notice regarding a plea challenging the law that provides immunity to the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The plea argues against the extent of the immunity granted, raising concerns about accountability and potential misuse of power. The court's decision to address this plea highlights the importance of ensuring transparency and fairness in the functioning of the Election Commission.
Background Context
Current Developments
Key Facts
- SC issued notice: Plea against EC immunity
- Immunity challenged: CEC and ECs
- Concerns: Accountability and misuse of power
Practice MCQs
Question 1
Consider the following statements regarding the Election Commission of India (ECI): 1. The Constitution explicitly defines the qualifications for the Election Commissioners. 2. The service conditions and tenure of the Election Commissioners are determined by the President. 3. The Chief Election Commissioner can be removed from office in the same manner and on the same grounds as a judge of the Supreme Court. Which of the statements given above is/are correct?
- 1 and 2 only
- 3 only
- 2 and 3 only
- 1, 2 and 3
Explanation: Statement 1 is incorrect because the Constitution does not explicitly define the qualifications for the Election Commissioners. Statement 2 is incorrect because the service conditions are determined by an Act of Parliament. Statement 3 is correct as per Article 324(5) of the Constitution.
Question 2
In the context of the recent plea against the law granting immunity to Election Commissioners, which of the following statements accurately reflects the constitutional provisions regarding the ECI?
- The Constitution explicitly grants immunity from legal proceedings to Election Commissioners for actions taken in their official capacity.
- The Constitution is silent on the matter of immunity for Election Commissioners, leaving it to be determined by parliamentary law.
- The Constitution provides for limited immunity to Election Commissioners, subject to judicial review.
- The Constitution prohibits any form of immunity for Election Commissioners to ensure accountability.
Explanation: The Constitution does not explicitly address the issue of immunity for Election Commissioners. This matter is left to be determined by parliamentary law, which is now being challenged in the Supreme Court.
Question 3
Which of the following committees/commissions has NOT made recommendations related to electoral reforms in India?
- Tarkunde Committee
- Dinesh Goswami Committee
- Indrajit Gupta Committee
- Y.V. Reddy Committee
Explanation: The Tarkunde Committee, Dinesh Goswami Committee, and Indrajit Gupta Committee are all associated with recommendations for electoral reforms in India. The Y.V. Reddy Committee was primarily focused on reviewing the Fiscal Responsibility and Budget Management (FRBM) Act.
Mains Practice Questions
Question 1
Critically analyze the arguments for and against granting immunity to Election Commissioners. How does the concept of immunity balance with the principles of accountability and transparency in a democratic system? (250 words)
Previous Year Questions
PYQ 1 - UPSC Prelims 2017 2017
Which of the following statements is/are correct regarding the Election Commission of India? 1. The Constitution has prescribed the qualifications of the members of the Election Commission. 2. The Constitution has not debarred the retiring Election Commissioners from any further appointment by the Government. Select the correct answer using the code given below:
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Explanation: The Constitution does not prescribe the qualifications of the members of the Election Commission. The Constitution has not debarred the retiring Election Commissioners from any further appointment by the Government.
PYQ 2 - UPSC Mains 2024 2024
Critically analyze the implications of granting immunity to Election Commissioners. Discuss the potential impact on accountability and the overall fairness of the electoral process. What measures can be taken to balance the need for independence with the necessity of accountability?
PYQ 3 - SSC CGL 2023 2023
Which part of the Indian Constitution deals with the Election Commission?
- (a) Part XIV
- (b) Part XV
- (c) Part XVI
- (d) Part XVII
Explanation: Part XV of the Indian Constitution deals with Elections and establishes the Election Commission.
PYQ 4 - SSC CHSL 2023 2023
Under which article of the Indian Constitution is the Election Commission of India established?
- (a) Article 320
- (b) Article 322
- (c) Article 324
- (d) Article 326
Explanation: Article 324 of the Indian Constitution establishes the Election Commission of India.
PYQ 5 - IBPS PO 2023 2023
A plea has been filed in the Supreme Court challenging the immunity granted to the Election Commissioners. Which of the following is NOT a potential concern arising from such immunity?
- (a) Reduced accountability for decisions
- (b) Potential for misuse of power
- (c) Undermining the fairness of elections
- (d) Increased efficiency in election management
Explanation: Immunity primarily affects accountability and fairness. Increased efficiency is not a direct concern related to immunity.
PYQ 6 - SBI PO 2023 2023
The Supreme Court is examining a plea against the law granting immunity to Election Commissioners. What is the primary concern raised in the plea?
- (a) The financial burden on the government
- (b) The potential for misuse of power due to lack of accountability
- (c) The impact on the speed of election processes
- (d) The lack of qualified personnel in the Election Commission
Explanation: The primary concern is the potential for misuse of power due to the lack of accountability that immunity can create.
PYQ 7 - CDS 2023 2023
Which of the following bodies is responsible for conducting elections to the Parliament and State Legislatures in India?
- (a) The President of India
- (b) The Prime Minister of India
- (c) The Election Commission of India
- (d) The Supreme Court of India
Explanation: The Election Commission of India is responsible for conducting elections to the Parliament and State Legislatures in India.
PYQ 8 - CDS 2023 2023
The Supreme Court is hearing a plea against the immunity granted to Election Commissioners. Which of the following best describes the potential negative consequence of such immunity?
- (a) Increased efficiency in conducting elections
- (b) Enhanced public trust in the Election Commission
- (c) Reduced accountability and potential for misuse of power
- (d) Greater independence from political pressure
Explanation: The primary concern with immunity is the reduced accountability and the potential for misuse of power.