Context
- The Supreme Court is hearing petitions challenging the Chief Election Commissioner and Other Election Commissioners Act, 2023.
- The Centre defended the exclusion of the Chief Justice of India (CJI) from the selection committee, arguing that Article 324(2) empowers Parliament to determine the appointment process.
Article 324(2): Constitutional Provision
- Empowers the President to appoint the CEC and ECs subject to any law made by Parliament. Until 2023, no law governed the appointment process.
Evolution of the Appointment Process
- Anoop Baranwal Judgment (2023)
- The Supreme Court prescribed an interim selection committee comprising:
- Prime Minister
- Leader of Opposition
- Chief Justice of India (CJI)
- Applicable only until Parliament enacted a law.
Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
Selection Committee
• Prime Minister (Chairperson)
• Leader of Opposition in Lok Sabha
• Union Cabinet Minister nominated by the Prime Minister
Search Committee
• Headed by the Cabinet Secretary.
• Recommends a panel of five candidates to the Selection Committee.
Comparative Analysis: Pre-2023 vs. SC Directive vs. 2023 Act
| Feature | Pre-2023 System (1991 Act) | Anoop Baranwal SC Judgment (2023) | Current Law (2023 Act) |
| Selection Panel | Union Cabinet (Executive) | PM, LoP in Lok Sabha, and CJI | PM, LoP in Lok Sabha, and a Union Cabinet Minister |
| Dominance | Pure Executive Control | Balanced (Executive, Opposition, Judiciary) | Executive Majority (2:1 ratio) |
| Search Mechanism | Informal Executive Selection | Not explicitly detailed | Search Panel led by Cabinet Secretary |
| Status & Salary | Equivalent to Supreme Court Judge | Equivalent to Supreme Court Judge | Equivalent to Cabinet Secretary |
| Removal Process | CEC: SC Judge process EC: On recommendation of CEC | CEC: SC Judge process EC: On recommendation of CEC | CEC: SC Judge process EC: On recommendation of CEC |
Core Issues & Arguments
Petitioners
• Executive gets a 2:1 majority in the selection committee.
• Excluding the CJI may affect ECI’s independence.
Union Government
• Article 324(2) empowers Parliament to decide the appointment process.
• Appointment of constitutional authorities is an executive function; judicial involvement is not mandatory.
| Important CTC from this article for UPSC 1. Chief Justice of India (CJI) 2. Chief Election Commissioner (CEC) |
Q. With reference to the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs), consider the following statements:
1. Article 324(2) empowers Parliament to make a law governing their appointment.
2. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 includes the Chief Justice of India in the Selection Committee.
3. Under the 2023 Act, the salary and service conditions of the CEC and ECs are equivalent to those of the Cabinet Secretary.
4. The CEC can be removed in the same manner and on the same grounds as a Judge of the Supreme Court.
Which of the statements given above are correct?
(a) 1, 3 and 4 only
(b) 1 and 4 only
(c) 2 and 3 only
(d) 1, 2, 3 and 4
Answer: (a) 1, 3 and 4 only
Explanation
• 1 is Correct: Article 324(2) allows Parliament to regulate appointments by law.
• 2 is Incorrect: The 2023 Act replaced the CJI with a Union Cabinet Minister.
• 3 is Correct: The 2023 Act equates the salary and service conditions with those of the Cabinet Secretary.
• 4 is Correct: The CEC is removed in the same manner as a Supreme Court Judge.