Question

Consider the following statements regarding the appointment of Election Commissioners.

1. The CEC and Other ECs Bill, 2023, replaced the Chief Justice of India with a Union Cabinet Minister in the selection committee for appointing the CEC and ECs.

2. The Search Committee for preparing a panel of candidates is headed by the Prime Minister.

3. The Leader of the Opposition in the Lok Sabha is a member of the selection committee for appointing the CEC and ECs.

Which of the statement(s) given above is/are correct?

• A. 1 and 2 only
• B. 1 and 3 only
• C. 2 and 3 only
• D. 1, 2, and 3

Answer 1

Answer:

B. 1 and 3 only

Appointment of Election Commissioners in India

Background and Constitutional Provisions:

• The Election Commission of India (ECI) is a constitutional body responsible for conducting elections in the country.
• Initially, the Constitution (Article 324) provided for the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) by the President.
• For a long time, the appointment process was solely at the discretion of the executive.

Recent Legislative Changes:

• The CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023: This Act brought significant changes to the appointment process.
• Selection Committee Composition:
  • The Act mandates a three-member selection committee for appointing the CEC and ECs.
  • The committee comprises:
  1. The Prime Minister (Chairperson)
  2. The Leader of the Opposition in the Lok Sabha
  3. A Union Cabinet Minister, nominated by the Prime Minister.
• Replacement of CJI: The 2023 Act effectively replaced the Chief Justice of India (CJI), who was suggested by a Supreme Court ruling in March 2023 to be part of the selection panel, with a nominated Union Cabinet Minister.
• Search Committee:
  • A Search Committee, headed by the Cabinet Secretary, prepares a panel of five individuals for the selection committee to choose from.
  • This committee is responsible for identifying suitable candidates.

Key Points for Competitive Exams:

• The 2023 Act aims to bring more transparency and a collegial approach to the appointment of ECI members.
• The inclusion of the Leader of the Opposition ensures some level of political consensus in the decision-making process.
• The Act governs the conditions of service and term of office for the CEC and ECs, ensuring a fixed term and specific service conditions.
• The previous practice relied heavily on executive appointments, which raised concerns about the independence of the ECI.
• The Supreme Court's 2023 judgment, which recommended including the CJI in the selection panel, was a significant development preceding the Act.