Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 1090 Mon. June 25, 2007  
   
Editorial


Editorial
Making EC secretariat independent
A welcome move
We commend the decision made in principle by the council of advisers to the caretaker government to set up an independent Election Commission secretariat. The caretaker government is responding to a proposal initiated by the EC. The constitution says that "the Election Commission shall be independent in the exercise of its functions ..." But such free functioning of the EC was negated by the election commission secretariat being an adjunct to prime minister's office(PMO) and dependent on some ministries as well.

Reform of the EC couldn't be narrowly perceived as changing of the guards in the EC with non-partisan people put at the helms. While the latter is important, this wouldn't have been enough by itself to guarantee freedom of action befitting a statutory body. Unless the executive fetters on its free functioning were removed the EC couldn't simply operate as an autonomous entity which is an indispensable precondition to its holding free and fair elections. This is also necessary for taking the electoral reform process forward as such.

Independent EC secretariat would mean powers unto itself to recommend budget, employ manpower and frame its own rules. For certain categories of employment, the commission would have to depend on the Public Service Commission. The EC is likely to ask for a budget from the government along suggested lines, but how it spends the money would be left to itself subject to standard auditing practices. The commission wouldn't be accountable to chief executive; in fact, it is envisaged to be answerable to parliament only.

Now the drafting of a suitable law has been entrusted to the law ministry to render the EC self-contained and thus functionally autonomous. It is important that the empowering process is completed as soon as possible, not only to give the EC freedom of action but also to speed up its preparations for holding the general election.