Election Commission Needs Permanent Secretariat, Expenses Should Be Charged On Consolidated Fund : Supreme Court Suggests

The Supreme Court, in its judgment delivered today, made a fervent appeal to the Union of India/Parliament to consider bringing in the necessary changes so that the Election Commission of India becomes truly independent.

The Constitution Bench noted that there is an urgent need to provide for a permanent Secretariat (for ECI) and also to provide that the expenditure be charged on the Consolidated Fund of India. However, the Court said that it is a matter of policy and refrained from passing any categorical directions in that regard.

"We would only make an appeal on the basis that there is an urgent need to provide for a permanent Secretariat and also to provide that the expenditure be charged on the Consolidated Fund of India and it is for the Union of India to seriously consider bringing in the much-needed changes"

This observation was made in the judgment in which the Court ordered that Election Commissioners will be appointed by the President of India on the advice of a Committee consisting of the Prime Minister, and leader of Opposition in the Lok Sabha (or leader of largest opposition party), and the Chief Justice of India.

The court observed that Election Commission of India is to perform the arduous and unenviable task of remaining aloof from all forms of subjugation by and interference from the Executive. The court made the following observations in this regard:

A vulnerable Commission may cave in to the pressure from the Executive 

One of the ways, in which, the Executive can bring an otherwise independent Body to its knees, is by starving it off or cutting off the requisite financial wherewithal and resources required for its efficient and independent functioning. It would not be unnatural if faced with the prospect of it not being supplied enough funds and facilities, a vulnerable Commission may cave in to the pressure from the Executive and, thus, it would result in an insidious but veritable conquest of an otherwise defiant and independent Commission. This is apart from the fact that cutting off the much-needed funds and resources will detract from its efficient functioning.

It is for the Union of India to seriously consider bringing in the much-needed changes.

We must bear in mind that to elevate it to a constitutional provision and protection thereunder, maybe a matter, which must engage the attention of the Constituent Body. This is again a matter which can also be provided by way of a law by Parliament. We have no doubt that there is considerable merit in the complaint of the petitioner, which apparently, is endorsed by the Election Commission of India itself. We cannot be oblivious to the need for articulation of details in regard to the expenditure, which is a matter of policy, which we refrain from doing. We would only make an appeal on the basis that there is an urgent need to  provide for a permanent Secretariat and also to provide that the expenditure be charged on the Consolidated Fund of India and it is for the Union of India to seriously consider bringing in the much-needed changes.

Case details

Anoop Baranwal vs Union of India | 2023 LiveLaw (SC) 155 | WP(C) 104 OF 2015 | 2 March 2023 | Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar 

Headnotes

Constitution of India, 1950 ; Article 324 (2) - Appointment to the posts of Chief Election Commissioner and the Election Commissioners shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in case, there is no such Leader, the Leader of the largest Party in the Opposition in the Lok Sabha having the largest numerical strength, and the Chief Justice of India. This norm will continue to hold good till a law is made by the Parliament - As regards the relief relating to putting in place a permanent Secretariat for the Election Commission of India and charging its expenditure to the Consolidated Fund of India is concerned, the Court makes a fervent appeal that the Union of India/Parliament may consider bringing in the necessary changes so that the Election Commission of India becomes truly independent 

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