Question

Which of the following statements about the appointment process of Election Commissioners are correct?

1. The Anoop Baranwal case (2023) introduced a selection committee including the Chief Justice of India for appointing Election Commissioners.

2. The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, replaced the Chief Justice of India with a Union Cabinet Minister in the selection committee.

3. The qualifications for Election Commissioners are explicitly mentioned in the Constitution.

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

Answer 1

Answer:

A. 1 and 2

Evolution of Election Commissioner Appointment Process

Constitutional Framework (Article 324)

• Article 324 of the Indian Constitution provides for an independent Election Commission to superintend, direct, and control elections.

• Article 324(2) states that the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) shall be appointed by the President.

• It also mentions that such appointments are "subject to the provisions of any law made in that behalf by Parliament."

• Key Fact: The Constitution is silent on the specific qualifications, legal, educational, administrative, or judicial, required for the appointment of CEC and ECs. This means statement 3 is incorrect.

Supreme Court's Intervention: Anoop Baranwal Case (2023)

• In a landmark judgment delivered on March 2, 2023, in the case of Anoop Baranwal v. Union of India, the Supreme Court addressed the lack of a specific law governing the appointment of CEC and ECs.

• To ensure the independence of the Election Commission, the Supreme Court ruled that the appointment of CEC and ECs should be made by the President on the advice of a selection committee.

• This committee was constituted as follows:

  1. The Prime Minister of India (Chairperson)

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

  3. The Chief Justice of India (CJI)

• This arrangement was mandated to be in effect until Parliament enacted a specific law on the matter, thereby making statement 1 correct.

Parliamentary Legislation: The CEC and EC Act, 2023

• Following the Supreme Court's judgment, the government introduced The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.

• This Bill was passed by Parliament and received presidential assent, becoming an Act on December 28, 2023.

• The Act established a new statutory framework for the appointment of the CEC and ECs.

• Under this Act, the selection committee for recommending candidates to the President consists of:

  1. The Prime Minister of India (Chairperson)

  2. A Union Cabinet Minister nominated by the Prime Minister

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

• Significantly, this Act removed the Chief Justice of India from the selection committee and replaced the CJI with a Union Cabinet Minister. This directly validates statement 2.

• The Act also provides for a Search Committee, headed by the Cabinet Secretary, to prepare a panel of five names for consideration by the Selection Committee.

Key Differences and Impact

• The 2023 Act, by changing the composition of the selection committee from what the Supreme Court had mandated, shifted the balance of power in the appointment process.

• The inclusion of the Chief Justice of India in the Supreme Court's proposed committee was seen as a move towards greater independence, while the legislative replacement with a Union Cabinet Minister has led to debates regarding executive dominance.

• Prior to these developments, the appointments were primarily made by the President on the advice of the Prime Minister, without a specific statutory committee.