Recently, the government proceeded with Gyanesh Kumar’s elevation as CEC and Vivek Joshi’s induction as EC, despite objections from the Leader of Opposition

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.

Legal Challenge to Appointment Process

• New Law: The 2023 law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) is under Supreme Court review.
  • February 19 hearing was postponed  and the Court noted that developments in the interim would face legal consequences.
• Supreme Court Ruling: 2022 Constitution Bench ruling mandated a selection panel with:
  • Prime Minister
  • LoP
  • Chief Justice of India (CJI)
  • 2023 law replaces the CJI with a Union Minister, raising concerns about executive dominance.
• Arguments:  The 2022 Court panel was temporary until Parliament passed a law. The Constitution requires parliamentary legislation on appointments. 
  • The 2022 verdict emphasized insulating appointments from executive control. The new law undermines the ECI’s independence.

Controversy regarding Appointment

• Executive Dominance: 2:1 majority in the selection panel favors the executive, raising concerns about independence. Whether the Chief Justice of India (CJI) should be part of the panel is debatable, but the current setup weakens neutrality.
• Timing: Arun Goel (2022) appointed during the Constitution Bench hearing. Two ECs (March 2024) appointed before the general elections, following resignations and retirements. 
  • Court’s reluctance to intervene early has led to these appointments becoming a fait accompli.
• Declining Public Trust: Perception of ECI as a fearless, independent institution is eroding. For elections to be seen as free and fair, the process must be beyond political influence.

Conclusion

A transparent, impartial selection mechanism is essential to uphold democratic integrity and electoral fairness.