Question

Choose the correct statements regarding the Election Commission’s structure and appointment:

1. The President appoints the Chief Election Commissioner and other Election Commissioners as per Article 324.

2. The Chief Election Commissioner serves as the Chairperson but holds no greater powers than others.

3. The 2023 Amendment establishes a Search Committee headed by the Minister of Law to shortlist candidates.

4. The Constitutional qualifications for Election Commissioners are explicitly laid down.

• A. 1, 2 and 3 only
• B. 1 and 4 only
• C. 2 and 3 only
• D. All of the above

Answer 1

Answer:

A. 1, 2 and 3 only

Election Commission of India: Structure and Appointments

Constitutional Basis and Appointments

• Article 324(2) of the Constitution empowers the President to appoint the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
• The Election Commission of India (ECI) is a permanent body established in 1950.
• The ECI consists of the CEC and two other ECs.

Powers and Roles

• While the CEC chairs the Commission, all Commissioners have equal voting power.
• Decisions are made by a majority vote.
• The CEC acts as the chief executive officer of the ECI.

Recent Amendments and Committee Formation

• The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, governs appointments.
• This Act mandates a Search Committee, headed by the Union Minister of Law and Justice, to recommend a panel of names for the appointment of CEC and ECs.
• The Search Committee's recommendations are then considered by a *Selection Committee* for the final appointment.

Qualifications for Commissioners

• The Constitution does not specify any explicit educational or professional qualifications for the CEC and ECs.
• The 2023 Act provides for qualifications to be prescribed by the central government, but these are not explicitly detailed in the constitutional text itself.