Context

Gyanesh Kumar and Sukhbir Singh Sandhu were appointed Election Commissioners by the President of India on the recommendation of a high-powered panel chaired by the Prime Minister.

New Election Commissioners Appointment 

• This is the first time Election Commissioners have been appointed under the new Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 Passed in December 2023. 
• The two Election Commissioners were appointed following vacancies in the EC owing to the sudden resignation of Arun Goel and the retirement of Anup Chandra Pandey.
• Recently, the Supreme Court has listed for urgent hearing petitions challenging the appointment procedure of Election Commissioners and CECs under the new law.

Appointment of Election Commissioners: Appointment Process

• Selection Committee for Appointments: 

  • The President will appoint the chief election commissioner and other election commissioners based on the recommendation of a Selection Committee comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha.

• Validity of Recommendations: 

  • Recommendations made by the Selection Committee will be valid even in case of a vacancy in the Committee.

• Search Committee: 

  • A search committee headed by the Cabinet Secretary will suggest five names each for the post of two Election Commissioners on the basis of laid down rules. 
    • This list would be placed before the PM-lead panel to finalize two names who would eventually be appointed by the President as Election Commissioners.

• Salary and Conditions of Service: 

  • The salary and conditions of service of the chief election commissioner and other election commissioners will be equivalent to the salary of a Supreme Court Judge.

• Term and Reappointment:

  • Members of the Election Commission will hold office for six years or until they attain the age of 65 years, whichever is earlier. They cannot be re-appointed.

• Removal Process: 

• • The manner of removal of the CEC and ECs is retained as specified in the Constitution{Article 324(5)}.
  • The CEC is removable in the same manner as a Supreme Court Judge and the ECs removable only upon the recommendation of the CEC.

Status of CEC and ECs:

• They enjoy the status of a judge of the Supreme Court. The new act has retained that status.

Supreme Court ruling in March 2023:

• Supreme Court Judgement (In Anoop Baranwal v. UOI case, 2023): Until the government forms a law on this, the selection panel of chief election commissioner and other election commissioners will have three members – the PM, the Leader of the Opposition and the CJI.

News Source: The Hindu