A major change has been made in the appointment process of the Chief Election Commissioner (CEC) in India in 2023. Under earlier tradition, the most senior Election Commissioner was appointed the Chief Election Commissioner. But now this process has been made more detailed and transparent under the “Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Tenure of Office) Act, 2023”.
Current status and potential candidates
Current Chief Election Commissioner Rajiv Kumar will complete his tenure on February 18. The Election Commission comprises the CEC along with two other election commissioners, Gyanesh Kumar and Sukhbir Singh Sandhu.
- Gyanesh Kumar is being considered as a possible successor.
- However, under the new law, now a panel of five names will be placed before the selection committee, out of which one will be selected.
- The Selection Committee also has the power to appoint any qualified person from outside the Election Commission as CEC.
Selection process under new law
Under the new law to be enacted in 2023, the process of appointment of CEC and other election commissioners is divided into three stages:
1. Formation of Search Committee:
- The Law Ministry will form a search committee.
- The chairman of this committee will be the Law Minister.
- This will include two officers of the secretary level of the Government of India.
- This committee will prepare the list of possible candidates.
2. Formation of Selection Committee:
- The panel prepared by the search committee will be placed before the selection committee.
- The selection committee will include:
- Prime Minister
- a union minister
- Leader of Opposition in Lok Sabha
3. Final Selection:
- The selection committee can choose any candidate from the panel.
- Additionally, the selection committee may also consider someone from outside the Election Commission.
Efforts to ensure transparency and impartiality of the Election Commission
The purpose of this new change is to maintain the transparency and impartiality of the Election Commission.
- The step was taken after opposition parties raised questions on the independence of the commission.
- The government says that this process will make the selection process more comprehensive and transparent.
Controversies and concerns
Many officials including former CEC OP Rawat have expressed concern about the new law.
- They say that this change can weaken the credibility and independence of decision making of the Election Commission.
- If there is a change in the selection process with the change of government, it may affect the independence of the commission.
Supreme Court recommendations and changes
- In March 2023, the Supreme Court had ordered that the CEC and election commissioners be appointed by the President through a selection committee.
- The selection committee at that time included:
- Prime Minister
- Leader of Opposition in Lok Sabha
- Chief Justice of India
But under the new law, the Chief Justice has been removed from the selection committee.
Petitions filed in Supreme Court
Petitions have been filed in the Supreme Court regarding this change of removing the Chief Justice from the selection committee.
- These petitions will be heard in February 2024.
- As per the recommendations of the Supreme Court, there was a need to limit direct interference of the government in the appointment process of CEC and Election Commissioners.
Potential impacts of new changes
- Transparency and Fairness:
- The role of the search committee and selection committee has made the process more structured and transparent.
- Independence of the Election Commission:
- Critics believe that having more powers with the government may raise questions about the independence of the commission.
- Political influence:
- Opposition parties allege that this change may provide an opportunity to the government to make appointments as per its wish.
