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Synopsis

The Central Government moved a bill prescribing procedure for the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (EC), in the Parliamentary sitting held yesterday.

The proposed bill provides that the Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a Selection Committee consisting of –

(a) The Prime Minister (Chairperson);

(b) The Leader of Opposition in the House of People (Member); &

(c) A Union Cabinet Minister to be nominated by the Prime Minister (Member)

It further provides that the appointment shall not be invalid merely by reason of vacancy or any defect in the constitution of the Selection Committee.

The Selection Committee will be preceded by a Search Committee headed by the Cabinet Secretary and two other members, having experience in matters relating to election and not below the rank of Secretary to the Government of India. This committee shall prepare a panel of five persons for consideration before the Selection Committee.

Recently, in Anoop Baranwal v. Union of India (2023) 6 SCC 161 decided on March 2, 2023, the Top Court issued guidelines for appointments to the post of CEC and other ECs. The court had directed:

“Until Parliament makes a law in consonance with Article 324(2) of the Constitution, the following guidelines shall be in effect:

1. We declare that the appointment of the Chief Election Commissioner and the Election Commissioners shall be made on the recommendations made by a three-member Committee comprising the Prime Minister, Leader of the Opposition of the Lok Sabha and in case no Leader of Opposition is available, the Leader of the largest opposition party in the Lok Sabha in terms of numerical strength and the Chief Justice of India.

2. It is desirable that the grounds of removal of the Election Commissioners shall be the same as that of the Chief Election Commissioner, that is, on the like grounds as a Judge of the Supreme Court subject to the recommendation of the Chief Election Commissioner as provided under the second proviso to Article 324(5) of the Constitution of India.

3. The conditions of service of the Election Commissioners shall not be varied to his disadvantage after appointment.”