SPEECH OF Mr P. WILSON MP IN RAJYA SABHA ON NEED FOR A ROBUST LAW ON SELECTIONS OF CHIEF ELECTION COMMISSIONER AND ELECTION COMMISSIONERS AND INSULATING ELECTION COMMISSION FROM EXECUTIVE INTERFERENCE* ————————————

[4/10, 14:34] Sekarreporter1: -SSS/NBR-AKG/1F/11.25
*SPEECH OF Mr P. WILSON MP IN RAJYA SABHA ON NEED FOR A ROBUST LAW ON SELECTIONS OF CHIEF ELECTION COMMISSIONER AND ELECTION COMMISSIONERS AND INSULATING ELECTION COMMISSION FROM EXECUTIVE INTERFERENCE*
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SHRI P. WILSON (TAMIL NADU): Thank you, Mr. Chairman, Sir, for giving me this opportunity.
Sir, though on paper, the Election Commission of India is an independent body, but, in reality, its independence is a mirage and a myth.

Sir, free and fair elections are the most important facets of democracy. They are meant to ascertain true popular will and are not mere rituals to generate an illusion of choice.
Sir, Article 324 of the Constitution entrusts the power to conduct elections to an independent body – the Election Commission of India. The Constituent Assembly, from the very beginning, was keen to entrust the job of conducting elections to an independent body and therefore expected a parliamentary law under Art 324(2) relating to appointments of the Chief Election Commissioner and the other Election Commissioners. Thus, our Constitution-makers wanted to keep posts of the Chief Election Commissioner and the Election Commissioners outside the sole control of executive Government. However, till today, Parliament has not enacted any such law. The hon. President of India continues to appoint the CEC and the ECs solely on the basis of aid and advice of the Council of Ministers. In other words, the Executive has a complete control over appointments of the CEC and the ECs.
Sir, institutions will remain strong so long as public have faith in them. Considering the sensitive nature of the Election Commission’s task, if the public perceive the institution as partisan or powerless, it loses its vitality. Therefore, it is imperative that the ECI is manned by officers who are

impartial, independent, and possess impeccable integrity. It may even be advisable to avoid appointing career bureaucrats, who, at some point of time, would have been close to leaders of political parties under whom they served as Secretaries to the Government. That is why we have to also think about appointing independent members of civil society as heads of the ECI, to protect the institutional integrity of the ECI.
Sir, there is a need to appoint Regional Commissioners who are conversant with the affairs of the States. The growth in population and number of political parties come to light the inability of three persons sitting in Delhi to manage conduct of elections across the country. The ECI should also have its own enforcement officers.
Sir, in the absence of Parliamentary oversight over the functioning of the ECI, the three Election Commissioners virtually decide the fate of world’s largest democracy. Should we allow this to happen? It reminds me of Latin legal maxim “Quis custodiet ipsos custodies”? Who will guard the guardians? That is the challenge before us. That is why the ECI will have to, at least, answer to somebody other than the ruling party. I’m not saying Parliamentary control, but oversight.
Therefore, it is high time that this August House enacts a robust law enabling a truly independent Election Commission. Such a law, among other

things, must provide for appointment of the CEC and the ECs by the hon. President of India on the recommendation of a high powered selection Committee similar to the selection committee constituted for the Lokpal and Lokayuktas and the parliamentary oversight over the ECl’s functioning.
Sir, only by ensuring that the appointment of the CEC and the ECs is transparent, objective and non-partisan, can we expect the ECI to be a neutral body. Without such a comprehensive law, the ECI will remain a caged parrot. Thank you.
(Ends)
SHRIMATI JAYA BACHCHAN (UTTAR PRADESH): Sir, I associate myself with the Zero Hour submission made by Shri P. Wilson.
SHRI VAIKO (TAMIL NADU): Sir, I also associate myself with the Zero Hour submission made by Shri P. Wilson.
SHRI K.K. RAGESH (KERALA): Sir, I also associate myself with the Zero Hour submission made by Shri P. Wilson.
SHRI K. SOMAPRASAD (KERALA): Sir, I also associate myself with the Zero Hour submission made by Shri P. Wilson.
DR. AMEE YAJNIK (GUJARAT): Sir, I also associate myself with the Zero Hour submission made by Shri P. Wilson.

SHRI TIRUCHI SIVA (TAMIL NADU): Sir, I also associate myself with the Zero Hour submission made by Shri P. Wilson.
PROF. MANOJ KUMAR JHA (BIHAR): Sir, I also associate myself with the Zero Hour submission made by Shri P. Wilson.
SHRI M. SHANMUGAM (TAMIL NADU): Sir, I also associate myself with the Zero Hour submission made by Shri P. Wilson.
SHRI PRASHANTA NANDA (ODISHA): Sir, I also associate myself with the Zero Hour submission made by Shri P. Wilson.
SHRI KANAKAMEDALA RAVINDRA KUMAR (ANDHRA PRDESH): Sir, I also associate myself with the Zero Hour submission made by Shri P. Wilson.
SHRI BINOY VISWAM (KERALA): Sir, I also associate myself with the Zero Hour submission made by Shri P. Wilson.
􏰃ी जावेद अली खान (उ􏰄र 􏰁देश) : महोदय, म􏰅 भी 􏰆वयं को माननीय सद􏰆य 􏰈ारा
उठाए गए िवषय के साथ स􏰉ब􏰇 करता हूँ।
جناب جاويد علی خان )اتّر پرديش( : مہودے، ميں بهی خود کو مانّئے سدسئے کے ذريعے اٹهائے گئے وشئے کے ساتهہ سمب ّدهہ کرتا ہوں۔ 􏰃ी सुशील कु मार गु􏰂ता (रा􏰊टर्ीय राजधानी क्षेतर्, िद􏰋ली) : महोदय, म􏰅 भी 􏰆वयं को
माननीय सद􏰆य 􏰈ारा उठाए गए िवषय के साथ स􏰉ब􏰇 करता हूँ
[4/10, 15:19] Sekarreporter1: https://youtu.be/n14sgNVLlMM