Question

Which of the following statements about the appointment of Election Commissioners after the Anoop Baranwal case (2023) are correct?

1. The CEC and ECs are appointed based on a committee recommendation.

2. The committee consists of the Prime Minister, Leader of Opposition, and Chief Justice of India.

3. The President appoints the Commissioners solely at his discretion without consultation.

4. A Search Committee headed by the Law Minister prepares a panel of five persons for committee consideration.

• A. 1, 2 and 4 only
• B. 1 and 3 only
• C. 2 and 3 only
• D. All are correct

Answer 1

Answer:

A. 1, 2 and 4 only

Supreme Court's Stance on Election Commissioner Appointments: Anoop Baranwal Case (2023)

Key Judgement and Rationale

• The Supreme Court of India, in the Anoop Baranwal v. Union of India (2023) case, addressed the process of appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
• The Court emphasized the need for a more robust and independent appointment mechanism to ensure the integrity of India's electoral process.
• It was observed that the existing practice, where appointments were solely at the discretion of the executive, could potentially compromise the Election Commission's independence.

Composition of the Recommeding Committee

• The Supreme Court mandated the formation of a high-powered committee to recommend individuals for the posts of CEC and ECs.
• This committee comprises:
  • The Prime Minister of India (as Chairperson).
  • The Leader of the Opposition in the Lok Sabha.
  • The Chief Justice of India.
• This collegium structure aims to bring diverse perspectives and reduce executive dominance in the appointment process.

Role of the Search Committee

• A Search Committee, typically headed by the Union Law Minister, is responsible for preparing a panel of suitable candidates.
• This panel usually consists of five individuals.
• The Search Committee's recommendations are then forwarded to the aforementioned high-powered committee for final consideration.

Shift from Unilateral Appointment

• The ruling effectively curtails the President's power to appoint Election Commissioners solely at his discretion, as previously practiced under Article 324 of the Constitution.
• The Court's directive necessitates consultation with the committee, moving away from a purely executive decision.

Legislative Context and Future Implications

• While the Supreme Court's judgment laid down guidelines, Parliament has since enacted The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
• This Act seeks to formalize the appointment process, though it deviates slightly from the Court's original recommendation by replacing the Chief Justice of India with the Union Cabinet Minister nominated by the Prime Minister on the selection panel.
• This development highlights the ongoing evolution of institutional safeguards for independent bodies like the Election Commission of India.