CHANGES IN CHIEF ELECTION COMMISSIONER APPOINTMENT PROCESS

GS2 GOVERNANCE: 

A recent meeting between Prime Minister Narendra Modi, Home Minister Amit Shah, and Leader of Opposition Rahul Gandhi was held to appoint a successor to Chief Election Commissioner (CEC) Rajiv Kumar, who is set to retire. The discussion highlighted changes in the CEC appointment process under a new law, raising concerns about its impact on electoral independence.

Previous Appointment Process

• The CEC and Election Commissioners were appointed by the President based on the Prime Minister’s advice.
• No formal legislation governed the process.
• The most senior Election Commissioner usually succeeded the outgoing CEC.
• Seniority was determined by the date of appointment, sometimes leading to ambiguity.

Introduction of the New Law

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 established a structured appointment process:

• A Search Committee, led by the Law Minister, prepares a shortlist of candidates.
• A Selection Committee, consisting of the Prime Minister, Leader of Opposition, and a Cabinet Minister, reviews and finalizes the appointment.
• The committee can consider candidates beyond the shortlist, expanding the talent pool.

Eligibility Criteria and Term Limits

• Candidates must have held a Secretary-level position in the Government of India.
• They must possess integrity and experience in election management.
• The term limit is six years, and reappointment is prohibited.

Reasons for the Change

• The Supreme Court had expressed concerns over the Executive’s exclusive authority in appointments.
• The Court ruled that the selection process should be more inclusive, prompting Parliament to enact the new law.

Ongoing Legal Challenges

• The Association for Democratic Reforms (ADR) has challenged the removal of the Chief Justice of India from the selection committee.
• The Supreme Court is reviewing petitions questioning Parliament’s power to alter judicial rulings through legislation.