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Retired judges of the SC should be appointed as Election Commissioners
The Election Commission of India is an autonomous constitutional body for the superintendence, direction and control of elections to the Parliament including the offices of the President of India and Vice President of India as well as to the various state legislatures as enshrined in the Constitution of India. It is a three member body i.e. a Chief Election Commissioner and two Election Commissioners.

The President appoints Chief Election Commissioner and Election Commissioners. They have tenure of six years, or up to the age of 65 years, whichever is earlier. The Chief Election Commissioner can be removed from his office by the Parliament with two-thirds majority in Lok Sabha and Rajya Sabha on the grounds of proven misbehaviour or incapacity.

Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner. The Chief Election Commissioner and the two Election Commissioners draw salaries and allowances at par with those of the Judges of the Supreme Court of India as per the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Rules, 1992.

For free and fair elections and hence preservation of the democracy, the Election Commissioners should not only be fair but also appear to be fair. The Election Commissioners are generally bureaucrats who are appointed by the President on the recommendations of the Government. In the current elections, it is seen that they have played a very lax role with most of the leaders getting away by breaking the model code of conduct laid down by the Election Commission.

Hence, it is essential that retired judges of the Supreme Court may be appointed to these posts so that they could work more fairly and ruthlessly and model code of conduct is not violated as judges are known to be more strict in implementing the model code of conduct than the bureaucrats as the orientation of a judge is such that he can deal with violators of the model code of conduct more effectively.

Editorial NOTE: This article is categorized under Opinion Section. The views expressed in this article are solely those of the author and do not necessarily represent the views of In case you have a opposing view, please click here to share the same in the comments section.
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