Let me say this again. The government is accountable to Parliament. Parliament is accountable to the people. When Parliament is dysfunctional, the government is accountable to no one.<\/p>\n\n\n\n
Middle school civics books told us the three arms of the State are the Executive, Legislature, and Judiciary. The Election Commission of India (ECI) is a body that squarely falls under the Executive while possessing certain quasi-judicial powers. And yet, we are now repeatedly told that the ECI is not accountable to Parliament. Incorrect . Parliament has the power to discuss the Election Commission of India. Why is the Government not allowing it?<\/p>\n\n\n\n
Repeated Attempts to Discuss ECI<\/strong><\/p>\n\n\n\n Over the last two sessions of Parliament, Opposition parties including INC, AITC, SP, DMK, AAP, RJD, SS (UBT), JMM and others filed over one hundred notices demanding a discussion related to the electoral process being more transparent. The Opposition were not fussy about which rule the discussion could be held under, and were also flexible about how the notice would be worded. What stopped the Narendra Modi led coalition from discussing even a notice titled: \u201874 Years of General Elections \u2013 Celebrating India\u2019s Enduring Democratic Spirit\u2019. Cold feet ?<\/p>\n\n\n\n Over the Budget and Monsoon sessions, the Modi government refused to engage in a discussion. The excuse cited was that Parliamentary rules do not allow for a debate on constitutional authorities.<\/p>\n\n\n\n What the Rules Actually Say<\/strong> There are multiple precedents of the ECI being discussed on the floor of Parliament. I can cite more than half a dozen examples. Here are just three: i) postponement of elections by the Chief Election Commissioner; ii) inadequacies in the electoral law in not providing a specific period for completion of a bye-election to Parliament; iii) delay in holding election to Delhi Metropolitan Council and bye-election in Garhwal Parliamentary Constituency.<\/p>\n\n\n\n There are several factors which do give Parliament the power to discuss the ECI.<\/p>\n\n\n\n Parliament\u2019s \u201cPower of the Purse\u201d<\/strong> The budget of the ECI, however, is subject to Parliamentary approval and is presented by the Union government through the Ministry of Law and Justice. This means that Parliament does have the power to scrutinize and discuss the ECI by virtue of holding the \u201cpower of the purse\u201d.<\/p>\n\n\n\n It is a violation of the powers of Parliament, therefore, when the government claims that lawmakers who approve the budget of the ECI do not have the right to discuss that institution.<\/p>\n\n\n\n Impact of the CEC and Other ECs Act 2023<\/strong><\/p>\n\n\n\n This was a government which used their majority to pass the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023. Under this Bill (now an Act), the government eroded the independence of the ECI by giving itself complete and unfettered power to appoint the three election commissioners. However, that isn\u2019t the key issue here.<\/p>\n\n\n\n What is important is, in the process of passing this Bill, Parliament conducted an extensive discussion on the functioning and conduct of the ECI. Therefore, it is ridiculous for the government to claim that \u201cECI cannot be discussed in Parliament\u201d when precedent shows that the poll body was discussed for seven hours combined, in Lok Sabha and Rajya Sabha, as recently as December 2023.<\/p>\n\n\n\n Elections are the bedrock of democracy. The existence of the government as well as Parliament is determined through elections. The integrity of our electoral process, therefore, hinges on the citizens of the country and their representatives being able to discuss and scrutinize the body which is solely responsible for the conduct of elections.<\/p>\n\n\n\n In the upcoming Winter Session of Parliament, odds-on the Opposition will again demand a discussion on the ECI. Instead of hiding behind frivolous excuses, the government must respect the wishes of the citizens of India and participate in a frank and transparent discussion on the ECI.<\/p>\n\n\n\n P.S. According to rules in Parliament \u2018a notice\u2026 should not be given publicity\u2026 until it has been admitted\u2019. All the notices mentioned in this column were from earlier sessions, and have lapsed. This columnist hasn\u2019t broken any rules!<\/p>\n\n\n\n
What do the Rules of Procedure actually say? Rule 169 prescribes the \u201cConditions of admissibility\u201d for discussions of a matter of general public interest. Under this rule, there is no provision which bars or prevents a discussion on any Constitutional Authority, including the Election Commission of India.<\/p>\n\n\n\n
The Parliament holds the \u201cpower of the purse\u201d. This means that the budget of the Executive is subject to Parliamentary approval. Any budget is approved only after an exhaustive discussion and a scrutiny of the \u201cDemand For Grants\u201d by Parliament. There are certain exceptions to this such as the salary of judges of the Supreme Court which is not subject to a Parliamentary vote. This is done to protect the independence of the judiciary.<\/p>\n\n\n\n