Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 is a significant piece of legislation that reforms the way the Election Commission of India (ECI) is appointed and functions. Here's a breakdown of its key points:

Context:

• Previously, the appointment process for the CEC and ECs lacked transparency and was not clearly defined.

• This raised concerns about potential political interference and the independence of the ECI.

• The Supreme Court, in the Anoop Baranwal v Union of India case, called for greater clarity and objectivity in the selection process.

Key Provisions:

• Appointment:

• CEC and ECs appointed by the President on the recommendation of a Selection Committee.

• Committee comprises:

• Prime Minister

• Union Cabinet Minister (chosen by the Prime Minister in consultation with the Leader of Opposition)

• Chief Justice of India (CJI)

• If CJI unavailable, senior-most Supreme Court judge available

• Recommendations valid even if there are vacancies in the Committee.

• Qualifications:

• CEC and ECs must have held a post equivalent to the rank of Secretary to the Government of India.

• Must be persons of integrity and possess knowledge of election management.

• Term and Reappointment:

• Six-year term, or until 65 years of age, whichever is earlier.

• No re-appointment allowed.

• Salary and Benefits:

• Equivalent to Cabinet Secretary.

• Option to draw pension and retirement benefits from previous service.

• Other Provisions:

• Act clarifies procedures for removal of CEC and ECs.

• Defines functioning of ECI, including decision-making processes.

Significance:

• Aims to enhance transparency and objectivity in the appointment process.

• Strengthens the independence of the ECI by reducing potential political influence.

• Provides greater clarity and stability in the functioning of the ECI.

Criticisms:

• Some argue that the role of the CJI might politicize the selection process.

• Inclusion of the Leader of Opposition could lead to politicization and delays.

• Act provides no role for civil society or election experts in the selection process.

Overall:

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 is a welcome step towards greater transparency and independence of the ECI. However, its effectiveness will depend on how it is implemented and whether future amendments address potential concerns.

The Basics:

The Chief Election Commissioner (CEC) and other Election Commissioners in India are appointed and governed by provisions in the Constitution of India. The relevant provisions can be found in Part XV of the Constitution, which deals with the "Election Commission."

Article 324 of the Indian Constitution is the primary provision that establishes the Election Commission and outlines its composition and powers. Here are the key points regarding the Chief Election Commissioner and the Election Commission:

1. Article 324(1): It vests the superintendence, direction, and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State in the Election Commission.

2. Article 324(2): The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix.

3. Article 324(3): The President appoints the Chief Election Commissioner and the other Election Commissioners. They hold office for a term of six years or until they attain the age of sixty-five years, whichever is earlier.

4. Article 324(5): The conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be determined by the President.

5. Article 324(6): The President, or the Governor of a State, shall appoint the Regional Commissioner or Regional Commissioners.

These constitutional provisions ensure the independence and impartiality of the Election Commission, which plays a crucial role in the conduct of free and fair elections in India. The Chief Election Commissioner and other Election Commissioners are appointed to their positions by the President and have a fixed term or age limit. The provisions are designed to insulate the Election Commission from undue influence and ensure its effective functioning.

Thanks for visiting: