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Dear Prime Minister Dr. Manmohan Singh ji,
I am writing this letter to you on an important subject that is agitating the minds of all those in India who wish to see progressive reforms in our electoral and governance systems.
A vacancy will arise in the Election Commission with the retirement of the Chief Election Commissioner, Shri S.Y. Qureshi, later this month. How this vacancy will be filled is a matter that has generated both interest and concern in equal measure. There is a rapidly growing opinion in the country which holds that appointments to Constitutional bodies such the Election Commission should be done on a bipartisan basis in order to remove any impression of bias or lack of transparency and fairness. The people of India wish to see that only persons with competence, integrity and an impeccable record of service get appointed to these crucial bodies, whose functioning greatly determines the quality of governance.
The present system whereby members to the Election Commission are appointed by the President, solely on the advice of the Prime Minister, does not evoke confidence among the people. Keeping these important decisions as the exclusive preserve of the ruling party renders the selection process vulnerable to manipulation and partisanship. Indeed, the credibility of this system was severely dented when a dubious appointment to the crucial office of CEC was made a few years ago. The time has, therefore, come to reform the selection process for the EC and other Constitutional bodies, as has indeed been done in the case of the CVC and CIC.
In respect of the CVC and the CIC, the change has come about because of the intervention of the Supreme Court. Let the wholesome change come this time as a result of an initiative taken by the Executive.
I would like to mention here that even the Second Administrative Reforms Commission (ARC), which had been appointed by your own government, recommended in its report in 2009 that the CEC and other members of the Election Commission be appointed by a collegium. Significantly, this recommendation appeared in ARC’s report on ‘Ethics in Governance’.
It is in this context that I would like to strongly urge you that the new member to the Election Commission be appointed by a broad based collegium comprising :
I) | Prime Minister | Chairman |
II) | Chief Justice of India | Member |
iii) | Minister of Law and Justice | Member |
iv) | Leader of Opposition (Lok Sabha) | Member |
v) | Leader of Opposition (Rajya Sabha) | Member |
Towards this end, Article 324 of the Constitution which deals with the Election Commission of India should be suitably amended. The phrasing of Article 324 (2) shows that this would not need any Constitutional Amendment and can be done by an ordinary enactment.
Next year, a vacancy will arise in another Constitution body — CAG. I would like to suggest in advance that, in this case too, a broad based collegium should be empowered to select the best possible candidate.
I do hope that you will take my suggestions positively and expeditiously initiate necessary action.
With warm regards,
Yours sincerely,
(L. K. ADVANI)
Dr. Manmohan Singh,
Prime Minister,
7, Race Course Road,
NEW DELHI.
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