Question

Consider the following statements about the appointment and removal of Election Commissioners in India:

1. The Chief Election Commissioner (CEC) can only be removed by impeachment similar to a Supreme Court judge.

2. The other Election Commissioners can be removed by the President without any recommendation.

3. According to the 2023 Amendment Bill, appointment of Election Commissioners is made by a committee excluding the Chief Justice of India.

4. The service conditions of Election Commissioners cannot be varied to their disadvantage after appointment.

Which of the statements is/are correct?

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

Answer 1

Answer:

A. 1, 3 and 4 only

Election Commission of India (ECI) - Appointment and Removal

• The Election Commission of India (ECI) is a permanent and independent body established by the Constitution of India (Article 324) to ensure free and fair elections.
• It consists of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs) as the President may fix from time to time. Currently, it has one CEC and two ECs.

Appointment of Election Commissioners

• Historically, the President appointed the Chief Election Commissioner and other Election Commissioners. There was no specific law by Parliament governing the appointment process, leading to executive discretion.
• In March 2023, the Supreme Court, in the case of Anoop Baranwal v. Union of India, ruled that CEC and ECs should be appointed on the advice of a committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and the Chief Justice of India, until Parliament enacts a law.
• However, the Indian Parliament subsequently passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (which replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991).
• According to the 2023 Act, the appointment of the CEC and other ECs is made by the President based on the recommendation of a Selection Committee.
• This Selection Committee comprises:
  • The Prime Minister (Chairperson)
  • A Union Cabinet Minister nominated by the Prime Minister
  • The Leader of the Opposition in the Lok Sabha (or the leader of the single largest opposition party in the Lok Sabha)
• It is important to note that this 2023 Act excludes the Chief Justice of India from the selection committee, which differs from the Supreme Court's earlier directive.

Removal of Election Commissioners

• Chief Election Commissioner (CEC): The CEC enjoys security of tenure and can only be removed from office in the same manner and on the same grounds as a Judge of the Supreme Court. This process is akin to impeachment, requiring a special majority in both Houses of Parliament. This provision is enshrined in Article 324(5) of the Constitution.
• Other Election Commissioners (ECs) and Regional Commissioners: Unlike the CEC, other Election Commissioners and Regional Commissioners do not have the same security of tenure. They can be removed by the President, but only upon the recommendation of the Chief Election Commissioner. This distinction highlights the CEC's pivotal role in protecting the independence of the other commissioners.

Conditions of Service and Tenure

• The Constitution (Article 324(5)) explicitly states that the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment. This provision is crucial for safeguarding the independence and impartiality of the CEC.
• The 2023 Act extends similar protection to other Election Commissioners, stating that their salary and conditions of service "shall not be varied to his disadvantage after his appointment." This ensures stability and prevents the executive from influencing them through changes in their service conditions post-appointment.
• The tenure for CEC and ECs is six years or until they attain the age of 65 years, whichever is earlier. They can resign at any time or be removed before the expiry of their term.