Recently, a high-level meeting took place involving Prime Minister Narendra Modi, Home Minister Amit Shah, and Leader of Opposition Rahul Gandhi. The agenda was to appoint a successor to Chief Election Commissioner Rajiv Kumar, who was set to retire. This meeting highlighted significant changes in the appointment process for the Chief Election Commissioner (CEC) and raised concerns regarding the new law governing these appointments.
Previous Appointment Process Overview
Historically, the Chief Election Commissioner and Election Commissioners were appointed by the President of India based on the Prime Minister’s advice.
- There was no formal legislation governing the process.
- The most senior Election Commissioner typically succeeded the outgoing CEC.
- Seniority was determined by the date of appointment, which sometimes led to ambiguity in cases where multiple commissioners were appointed on the same day.
Introduction of the New Law
The new appointment process is governed by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This law establishes a structured procedure for selecting the CEC and Election Commissioners.
- A search committee led by the Law Minister creates a shortlist of candidates.
- The shortlist is reviewed by a selection committee comprising the Prime Minister, the Leader of Opposition, and a Cabinet Minister.
Role of the Selection Committee
The selection committee has the authority to consider candidates beyond the initial shortlist, broadening the candidate pool. This change aims to enhance transparency and accountability in appointing key electoral officials.
Eligibility Criteria and Terms of Service
The new Act specifies the eligibility criteria for the CEC and Election Commissioners:
- Candidates must have held a position equivalent to a Secretary in the Government of India.
- They must possess integrity and experience in managing elections.
- Officials are not eligible for reappointment.
- The maximum term for any individual serving in these roles is six years.
Reasons for the Change in Appointment Process
The Supreme Court’s intervention played a significant role in reshaping the appointment process. The Court observed that the Constitution did not intend for the Executive to have exclusive authority over such appointments. Consequently, the Supreme Court mandated a more inclusive selection process, leading to the enactment of the new law by Parliament.
Ongoing Legal Challenges
Despite these reforms, legal challenges persist. The Association for Democratic Reforms has contested the removal of the Chief Justice of India from the selection committee. The Supreme Court is set to hear these petitions, raising crucial questions about Parliament’s authority to modify judicial rulings through legislation.
This evolving legal and political debate continues to shape the future of India’s electoral governance, with the new appointment process aiming to strike a balance between transparency, accountability, and institutional independence.