Accountability of the Government and Parliament
The government is accountable to Parliament, and Parliament is accountable to the people. A dysfunctional Parliament results in a government not being accountable to anyone.
Three Arms of the State
The three arms of the state are the executive, legislature, and judiciary. The Election Commission of India (ECI) falls under the executive but has quasi-judicial powers.
ECI and Parliamentary Accountability
- The ECI is accountable to Parliament, contrary to some claims.
- Parliament has the authority to discuss the ECI.
- Opposition parties have filed over a hundred notices demanding discussions on electoral transparency.
Parliamentary Rules and Discussions on ECI
- The Modi government has avoided discussions, citing rules that purportedly prevent debates on constitutional authorities.
- Rule 169 of the Parliamentary Rules of Procedure allows discussions on matters of public interest, without barring constitutional authorities like the ECI.
- Numerous precedents exist of the ECI being discussed in Parliament.
Parliamentary Power over ECI
- Parliament controls the "power of the purse," approving the executive budget, including the ECI's budget, enabling scrutiny.
- The ECI budget is subject to Parliamentary approval, presented through the Ministry of Law and Justice.
Chief Election Commissioner Bill and Parliamentary Discussions
- The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 reduced the ECI's independence by giving the government power over appointments.
- Extensive discussions on the ECI's functioning were held in Parliament during the bill's passage.
Importance of Discussing the ECI
Elections are fundamental to democracy, determining the existence of both the government and Parliament. The integrity of elections depends on public and representative discussions on the ECI.
Future Parliamentary Sessions
- The Opposition is likely to demand discussions on the ECI in the upcoming Winter Session.
- The government is urged to engage in transparent discussions respecting the citizens' wishes.
Note: The rules in Parliament state that notice publicity is restricted until admission, but the notices mentioned have already lapsed. The author, a Member of Parliament, has not violated any rules.
