The Election Commission (EC), in an affidavit to the Supreme Court, has asked for an amendment in the Constitution seeking protection for the Election Commissioners from removal at the behest of the Chief Election Commissioner and rule-making powers to “remain insulated from political pressure”.
The EC also made it clear that it has been sending the proposal to the Centre for amendments to this effect since 1998 and seeking that the rule-making power, which as present rests with the Centre, be given to it. The Commission has responded to the Supreme Court in a PIl filed by Ashwini Kumar Upadhyay for more autonomy and independence to the EC.
EC stated that it had been pressing for the rule-making authority to be conferred on itself on the lines of the SC to empower it to make election-related rules as well as the code of conduct.
“The present Constitutional guarantee is inadequate and requires an amendment to provide the same protection and safeguard in the matter of removability of Election Commissioners as is available to the Chief Election Commissioner,” reads the EC affidavit.
“According to Article 324(5), the CEC enjoys the same protection as an SC judge who can be removed after a motion is passed in either of the two Houses of the Parliament and is subject to the Presidential assent,” it said.