Appointment of CEC and ECs

Appointment of CEC and ECs

Sub : Polity

Sec : Elections

Context:- The Supreme Court said it will consider hearing in February petitions challenging the constitutional validity of the 2023 law which deals with the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).

Appointment of CEC and ECs in India:-

Constitutional Provisions

Article 324 of the Constitution: – lays down that “the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.”

Supreme Court Ruling: –

Judgement of five-judge Constitution Bench of the court in March 2023 ruled that CECs and ECs shall be appointed on the advice of a committee comprising the :-

• Prime Minister
• Leader of Opposition in the Lok Sabha
• The Chief Justice of India (CJI).
  

Legal Provisions :-

Parliament brought The Chief Election Commission and Other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023.

The selection committee would consist of :-

• Prime Minister
• A Union Cabinet Minister
• The Leader of the Opposition or the leader of the largest Opposition party in the Lok Sabha.

This law excludes the Chief Justice of India from the selection panel.

Recent Developments :-

• Supreme Court bench pointed out that the March 2023 ruling was only meant to be a stop-gap arrangement till Parliament came out with a new law.
• However,The law was challenged before the apex court by the NGO Association for Democratic Reforms.
• The apex court has decided to consider hearing the petitions challenging the law’s constitutional validity in February 2025.