Appointment of Election Commissioners in India
16-09-2023
1 min read
What’s in today’s article?
- Why in news?
- Election Commission of India:
- Appointment and Tenure of Commissioners
- Composition of Election Commission
- Supreme Court on appointment of Election Commissioners
- News Summary: Bill moved to remove CJI from panel to select Election Commissioners
- Key highlights of the bill
Why in news?
- The special session of Parliament will witness the discussion on a Bill that seeks to regulate the appointment, service conditions, and office terms of the Chief Election Commissioner (CEC) and other Election Commissioners.
Election Commission of India
- Election Commission is a permanent and independent body.
- By Article 324 of the Constitution of India, it is vested with the power of conducting elections to –
- Parliament,
- State Legislatures,
- Office of President and Vice-President of India.
Appointment and Tenure of Commissioners
- The Constitution does not lay down a specific legislative process for the appointment of the Chief Election Commissioner and Election Commissioners.
- Article 324(2) says appointment of CEC and other ECs shall be subject to provisions of any law made by the Parliament.
- However, no such law has been framed so far.
- The President makes the appointment on the advice of the Union Council of Ministers headed by the Prime Minister.
- They have tenure of six years, or up to the age of 65 years, whichever is earlier.
- They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
- The CEC can be removed from office except in same manner and on the same grounds as a judge of the Supreme Court.
- The Constitution has not debarred the retiring Election Commissioners from any further appointment by the Government.
Composition of Election Commission
- Since the inceptions and till 15th October 1989, the EC functioned as a single member body consisting of the CEC.
- On 16th October 1989, the President appointed two more commissioners to cope with the increased work of the EC, on account of lowering of the voting age from 21 to 18 years.
- In case of difference of opinion amongst the CEC and/or two other election commissioners, the matter is decided by the Commission by majority.
Supreme Court on Election Commission Appointment
- A five-judge Constitution Bench of the Supreme Court was hearing a bunch of petitions seeking a selection process similar to what is followed in the case of the Director, Central Bureau of Investigation (CBI).
- The Director of CBI is selected by a committee which consists of Prime Minister, Leader of the Single Largest Opposition Party and the Chief Justice of India.
- In March 2023, the Court has unanimously disapproved of the present system of the Centre appointing members of the poll watchdog.
- Pointing to Article 324(2) of the Constitution, the Court has called upon Parliament to make a law regarding the criteria for selection, conditions for service and tenure of the CEC and ECs.
- Until then, the apex court formed a panel of Prime Minister, Chief Justice of India and the leader of opposition to make these appointments.
News Summary:Bill to demote Election Commissioners’ status
Background:
- Earlier, the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was passed in the Rajya Sabha on August 10.
- The bill is currently pending in the Lok Sabha.
- Significantly, the Bill attempts to alter constitutional provisions that equate ECs with Supreme Court judges.
- It also seeks to undo the top court’s recent ruling in ‘Anoop Baranwal vs. Union of India’.
Key highlights of the bill
- Removed CJI from the panel
- The bill seeks to replace the Chief Justice of India with a cabinet minister nominated by the Prime Minister in the committee for selection of the CECs and ECs.
- It also makes the Leader of Opposition in Lok Sabha a member of the selection committee.
- Criteria
- The bill says the ECI will consist of a CEC and other ECs from among people:
- who hold or have held the post equivalent to Secretary to the Government of India; and
- shall be persons of integrity, who have knowledge of and experience in management and conduct of elections.
- Process
- First, a Search Committee, headed by the Cabinet Secretary and including two members not below the rank of Secretary, having knowledge and experience in matters relating to elections, shall prepare a panel of five persons.
- This will then be sent to the Selection Committee.
- The selection committee will be chaired by the PM and will include the Leader of Opposition or leader of the single largest Opposition party in Lok Sabha and a Cabinet Minister nominated by the Prime Minister.
- The Selection Committee may consider any other person apart from those included in the Search Committee’s panel.
- Terms & tenure
- The terms of the CEC and ECs remain unchanged, at six years or until they reach the age of 65 years, whichever is earlier.
- The Bill says the salary of the CEC and ECs would be equivalent to the Cabinet Secretary.
- Until now, Election Commissioners were at par with Supreme Court judges in this regard, under the Election Commission Act, of 1991.
- Although the amount is the same. But the top court judges are entitled to additional post-retirement benefits, including domestic help and lifetime provision of drivers.
Criticism of the bill
- Autonomy of EC
- Analysts claim that this move seeks to bring Election Commissioners under the ambit of the bureaucracy, which in turn could stifle their authority and independence.
- The EC’s primary task is that of superintendence, direction, and control of elections, as laid down under Article 324.
- However, this control of elections is likely to shift if the Election Commissioner tries to discipline a Union Minister for electoral violations.
- This is because EC will now be equivalent to the rank of a Cabinet Secretary.
- At present, orders given by the commissioners to govt officials (including Cabinet Secretaries) are perceived to carry the authority of a Supreme Court Judge.
- This command-and-control structure will be lost if they are seen as equal to Cabinet Secretary.
- Removal of EC
- The proviso to Article 324 (5) of the Constitution says that a CEC can only be removed in a manner similar to that of a SC judge.
- Now, after the current bill becomes an act, an officer equivalent to the rank of cabinet secretary will be removed in a manner similar to that of a SC judge.
- Committee will not have the Chief Justice of India as a member
- This Bill seeks to constitute a committee to select members of the Election Commission of India.
- Notably, this committee will not have the Chief Justice of India as a member, contrary to the top court’s suggestion in a ruling delivered in March 2023.
Q1) When was the voting age reduced from 21 to 18?
Through the 61st Constitutional Amendment Act, the voting age was reduced from 21 to 18 in 1988.
Q2) Which elections are managed by the Election Commission of India?
By Article 324 of the Constitution of India, it is vested with the power of conducting elections to – Parliament, State Legislatures, Office of President and Vice-President of India.