Election Commissioner Gyanesh Kushan has been appointed as the new Chief Election Commissioner (CEC).

• His appointment was decided by a three-member Selection Committee, chaired by Prime Minister Narendra Modi.
• His appointment coincides with the Supreme Court hearing on a challenge to the new CEC & Other ECs (Appointment, Conditions of Service, and Term of Office) Act, 2023.

CEC & Other ECs (Appointment, Conditions of Service, and Term of Office) Act, 2023

Appointment Process for CEC

• Search Committee:
  • Headed by : Law Minister (Currently Arjun Ram Meghwal).
  • Members : Two senior bureaucrats serving as secretaries to the Government of India.
  • Function: Shortlists five candidates for the Selection Committee.
• Selection Committee:
• • Headed by the Prime Minister of India.
  • Other Members: A Union Minister nominated by the PM and Leader of Opposition (LoP) in Lok Sabha.
  • Power: Can consider names beyond the shortlist (Under Section 8 of the Act).
  • Appointment: The President appoints the selected candidate.

Qualification Criteria for CEC & ECs

• Must hold or have held a post equivalent to the rank of Secretary to the Government of India.
• Should be persons of integrity with expertise in election management and conduct.

Term & Conditions of Service

• Tenure : 6 years or until 65 years of age, whichever is earlier.
• Re-appointment:  Not eligible for re-appointment.
• If an Election Commissioner (EC) is appointed as CEC : Total term as EC and  CEC combined must not exceed six years.

Election Commission of India (ECI)

Constitutional Basis

• Part XV (Articles 324-329) of the Constitution governs elections.
• Election Commission of India (ECI) is a permanent constitutional body responsible for conducting elections in India.
• Composition: One Chief Election Commissioner (CEC) & other Election Commissioners (ECs) as determined by the President.
• Current Structure : One CEC  and two ECs.

Powers and Functions

• Article 324:  Grants ECI the power of superintendence, direction, and control over elections to Parliament, State Legislatures, President, and Vice President.

Removal and Service Conditions Under Article 324(5): 

• CEC Removal : Same process as that of a Supreme Court (SC) Judge.
• ECs and  Regional Commissioners Removal : Only on the recommendation of the CEC.
• Service Conditions: Cannot be altered to their disadvantage after appointment.
• Salary and Perks : Same as SC Judges.

Other Constitutional Provisions Related to Elections

• Article 325:  No person can be excluded from electoral rolls based on religion, race, caste, or sex.
• Article 326:  Elections to Lok Sabha & State Legislative Assemblies must be based on adult suffrage.
• Article 327 : Parliament has the power to legislate on election-related matters.
• Article 328 : State Legislatures can make laws on elections for their respective states.
• Article 329 : Courts cannot interfere in electoral matters.

Supreme Court Directive in Anoop Baranwal vs Union of India Case, 2023

• Five-judge bench ruling: Directed that the CEC and ECs must be appointed by the President based on the advice of a Selection Committee.
• Composition of the Committee:
  • Prime Minister.
  • Leader of Opposition (LoP) in Lok Sabha.
  • Chief Justice of India (CJI).
• If no LoP is available: Leader of the largest opposition party in Lok Sabha will be included.
• Parliamentary Response: Passed the CEC & Other ECs (Appointment, Conditions of Service, and Term of Office) Act, 2023 to comply with the SC directive in Anoop Baranwal v. Union of India (2023) case.

Different commission and supreme court directives

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