Why in the News?
The Supreme Court of India called the ECI members' current appointment mechanism as "Tyranny of the Elected".
More in the News
- Supreme Court made the statement while hearing a challenge to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
- Petitioners argued that the 2023 Act dilutes the 2023 Anoop Baranwal judgment.
- Under the 2023 Act, the Selection Committee's composition, comprising the Prime Minister, a Cabinet Minister, and the Leader of the Opposition, guarantees the ruling government a 2:1 deciding majority.
- The Selection Committee has the statutory power to ignore the Search Committee's five-name shortlist entirely.
Constitutional Provisions regarding the ECI: (Articles 324 – 329)
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Evolution of the Selection and Appointment Process of the ECI
- Before 1991: No specific law was enacted by the Parliament during this period.
- Appointments were made by the President on the aid and advice of the Union Council of Ministers under Article 324(2).
- Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
- This law standardized terms, salaries, and operational procedures. However, it did not define a distinct selection procedure, leaving appointments entirely again under executive discretion.
- Anoop Barnwal Case (2023): The Supreme Court declared that ECI appointments should not be left solely to the executive, as it compromised the institution's independence.
- The Court established a stop-gap appointment process to operate until Parliament enacted a specific law, constituting a three-member Selection Committee:
- The Prime Minister;
- The Leader of the Opposition in the Lok Sabha (or the leader of the largest opposition party);
- The Chief Justice of India (CJI).
- The Court established a stop-gap appointment process to operate until Parliament enacted a specific law, constituting a three-member Selection Committee:
- Parliament enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, repealing the 1991 Act.
- Current Appointment Procedure of the ECI under the 2023 Act
- Search Committee: A panel headed by the Cabinet Secretary is tasked with proposing a shortlist of five names.
- Selection Committee: consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition in the Lok Sabha makes the final recommendation to the President.
- Executive Discretion: The Selection Committee has the statutory power to bypass the Search Committee's shortlist and consider "any other person" for the role.
Suggestions on Composition of Selection Committee for Appointment of CEC & ECs
Global Best Practices:
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Conclusion
The functioning of the ECI directly determines the quality of governance and the overall strength of the nation's democracy. During the Constituent Assembly debates, Dr. B.R. Ambedkar warned that for elections to be truly free, the electoral machinery must be taken out of the hands of the government of the day and not remain "under the thumb of the executive".
