Question

Which of the following sentences is true regarding the appointment of the Commissioners of the Election Commission?

• A. The President appoints the Election Commissioners based on the recommendations of the Selection Committee, which will comprise the Prime Minister, a Cabinet Minister and the Leader of Opposition in Lok Sabha (or leader of the single largest opposition party)
• B. The President appoints the Election Commissioners on the recommendations of the Selection Committee, which will comprise the Prime Minister, the Leader of the Opposition in the Lok Sabha (or the leader of the single largest opposition party) and the Chief Justice of India.
• C. -The President appoints the Election Commissioners on the recommendations of the Selection Committee, which will comprise the Prime Minister, a Cabinet Minister, the Leader of the Opposition in the Lok Sabha (or the leader of the single largest opposition party), and the Leader of the Opposition in the Rajya Sabha.
• D. The President appoints the Election Commissioners based on the recommendations of the Selection Committee, which will comprise the Prime Minister, a Cabinet Minister and the Chief Justice of India.

Answer 1

Answer:

A. The President appoints the Election Commissioners based on the recommendations of the Selection Committee, which will comprise the Prime Minister, a Cabinet Minister and the Leader of Opposition in Lok Sabha (or leader of the single largest opposition party)

• Under The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the Selection Committee for recommending the appointment of the Election Commissioners consists of:

  1. The Prime Minister (Chairperson)

  2. A Union Cabinet Minister (nominated by the PM)

  3. The Leader of the Opposition in the Lok Sabha (or the leader of the single largest opposition party).

• Option B reflects the earlier Supreme Court ruling (Anoop Baranwal case), but Option A reflects the enacted law governing the selection committee.