Question

Which of the following statements about the appointment of the Chief Election Commissioner are correct?

1. The appointment is made by the President of India.

2. The 2023 Bill mandates that appointees must have held a post equivalent to Secretary to Government of India.

3. The Search Committee preparing the panel is headed by the Minister of Law and Justice.

4. The Chief Justice of India is a permanent member of the Selection Committee for appointments now.

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

Answer 1

Answer:

A. 1, 2 and 3 only

Chief Election Commissioner (CEC) Appointment Process:

• Constitutional Mandate: Article 324(2) of the Constitution of India empowers the President of India to appoint the Chief Election Commissioner and other Election Commissioners.
• Recent Legislative Changes (The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Tenur of the Office) Bill, 2023): This bill introduced significant changes to the appointment process, moving away from a purely executive decision.
• Eligibility Criteria (as per the 2023 Bill):
  • The bill stipulates that a person appointed as CEC or EC must have held a position equivalent to the rank of a Secretary to the Government of India. This ensures a certain level of administrative experience.
• Selection Committee Composition:
  • The selection committee, responsible for recommending a panel of names to the President, is headed by the Prime Minister.
  • It includes the Leader of the Opposition in the Lok Sabha (or the leader of the single largest opposition party).
  • It also includes a Union Cabinet Minister nominated by the Prime Minister. Previously, the Chief Justice of India was part of this committee based on a Supreme Court judgment, but the 2023 Bill replaced this with a Union Cabinet Minister.
• Search Committee:
  • A Search Committee, chaired by the Union Minister of Law and Justice, is responsible for preparing a panel of five individuals, any of whom may be deemed suitable for appointment as CEC or EC.
• Key Distinction: The 2023 Bill's provision for a Union Cabinet Minister on the Selection Committee, replacing the Chief Justice of India, has been a point of discussion and debate regarding the independence of the Election Commission.