How are the CEC and ECs appointed, and what has the Supreme Court order changed?

What’s in today’s article?

• About Election Commission of India
• Appointment and Tenure of Commissioners
• Composition of Election Commission
• News Summary
• Why did the Supreme Court Pass such an Order and its Implications?

 

About 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,

o   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.
• 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 15^th October 1989, the EC functioned as a single member body consisting of the CEC.
• On 16^th 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.

 

News Summary

Image Caption: Supreme Court’s Order

• The Supreme Court, in a landmark decision, ruled that the selection of Chief Election Commissioner and Election Commissioners be done by a three-member committee. This committee will comprise of –
  • Prime Minister
  • Leader of the Opposition in Lok Sabha/Leader of the Single Largest Opposition Party
  • Chief Justice of India
• Currently, appointments of CEC and ECs are done by the President on the aid and advice of the Union Cabinet headed by the Prime Minister.

 

Why did the Supreme Court Pass such an Order and its Implications?

• A five-judge Constitution Bench of the Supreme Court, headed by Justice K M Joseph, was hearing a bunch of petitions s 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.
• The Court has unanimously disapproved
• The Supreme Court ruling, for now, will bring to an end the decades-old practice of the CEC and ECs being appointed on the advice of the Council of Ministers, as is laid down in the Constitution.
• 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.
  • According to Article 324(2) of the Constitution, the CEC and ECs shall be appointed by the President, with the aid and advice of the Council of Ministers, till Parliament enacts a law fixing the criteria for selection, conditions of service and tenure.
• Justifying its decision, the bench said there is a legislative vacuum as Parliament, in the last seven decades, did not frame a law as envisaged in the Constitution.

 

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Q1) When was the voting age reduced from 21 to 18?

Through the 61^st Constitutional Amendment Act, 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

 

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Source: How are the CEC and ECs appointed, and what has the Supreme Court order changed?   | ToI