Why in the News?

The Union Government on Thursday introduced a Bill removing the Chief Justice of India (CJI) from a three-member panel to select the Chief Election Commissioner (CEC) and Election Commissioners.

What's in the News?

• The government has brought the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, in the Rajya Sabha.
• This bill aims to eliminate the Chief Justice of India (CJI) from the group responsible for selecting the Chief Election Commissioner and Election Commissioners.
• In an earlier development in March 2023, the Supreme Court decreed that a three-member committee should oversee the selection process for Chief Election Commissioner and Election Commissioners.
• The committee, according to this ruling, should consist of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.

Supreme Court's Stand on Election Commission Appointments:

• A Constitution Bench of the Supreme Court, comprising five judges, was engaged in hearing a collection of petitions requesting a selection procedure akin to that observed in the appointment of the Director of the Central Bureau of Investigation (CBI).
• The Director of the CBI is appointed through a committee, which includes the Prime Minister, the Leader of the Largest Opposition Party, and the Chief Justice of India.
• In a unanimous decision reached in March 2023, the Court expressed its dissent regarding the existing approach of the Central Government in nominating members of the electoral oversight body.
• Citing Article 324(2) of the Constitution, the Court urged the Parliament to establish legislation governing the criteria for selection, terms of service, and duration of office for the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
• Pending the formulation of such legislation, the highest court convened a panel comprised of the Prime Minister, the Chief Justice of India, and the leader of the opposition to undertake these appointments.

Proposed Bill to Remove CJI from Panel for Election Commissioner Selection:

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, has been introduced by the Law Minister in the Rajya Sabha.

Highlighted Aspects of the Bill:

• Exclusion of CJI:
• The bill endeavors to substitute the Chief Justice of India with a Cabinet Minister nominated by the Prime Minister within the committee tasked with choosing the Chief Election Commissioners (CECs) and Election Commissioners (ECs).
• Addition of Opposition Leader:
• The bill adds the Leader of the Opposition in Lok Sabha as a member of the selection committee.
• Eligibility Criteria:
• The bill stipulates that individuals for the ECI, including CEC and ECs, must be individuals who hold or have held positions equivalent to Secretary to the Government of India.
• They should possess integrity, coupled with expertise and familiarity in election management and administration.
• Selection Process:
• Initially, a Search Committee, headed by the Cabinet Secretary and encompassing two members not below the rank of Secretary with election-related knowledge, will craft a list of five candidates.
• This list will then be submitted to the Selection Committee.
• Composition of Selection Committee:
• Chaired by the Prime Minister, the Selection Committee comprises the Leader of the Opposition or the leader of the largest Opposition party in Lok Sabha, alongside a Cabinet Minister designated by the Prime Minister.
• The Selection Committee is empowered to consider candidates outside the Search Committee's list.
• Tenure and Terms:
• The CEC and ECs continue to hold their positions for a six-year term or until reaching the age of 65, whichever comes earlier.
• The Bill aligns their remuneration with that of the Cabinet Secretary.
• This diverges from the current practice under the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, which equates their salary with that of a Supreme Court judge. Despite the change, the monetary amount remains consistent.
• Repealing the 1991 Act:
• The bill revokes the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, which hitherto guided the operations of the ECI.
• The Bill mandates that the ECI's proceedings be conducted with unanimity whenever possible; in the case of divergent opinions, the majority's viewpoint prevails.

About Election Commission of India:

• The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering Union and State election processes in India.
• It was established in accordance with the Constitution on 25th January 1950 (celebrated as national voters' day). The secretariat of the commission is in New Delhi.
• The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
• It is not concerned with the elections to panchayats and municipalities in the states. For this, the Constitution of India provides for a separate State Election Commission.
• By Article 324 of the Constitution of India, it is vested with the power of conducting elections to Parliament, State Legislatures, Office of President and Vice-President of India.

Structure of ECI:

• Initially, the commission had a single election commissioner. Yet, the Election Commissioner Amendment Act 1989 transformed it into a group with multiple members.
• The Election Commission is made up of the Chief Election Commissioner (CEC) along with additional election commissioners, determined by the President as needed.
• Currently, it comprises the CEC and two Election Commissioners.
• On a state level, the Chief Electoral Officer, an IAS rank Officer, supports the election commission.

Appointment & Term of Commissioners:

• The President designates the Chief Election Commissioner (CEC) and Election Commissioners.
• Their service spans six years or until they reach 65 years of age, whichever comes first.
• They are accorded equivalent status and entitlements to those enjoyed by Supreme Court (SC) Judges in India.

Removal:

• They possess the option to resign at any point or may face premature removal.
• In the case of the Chief Election Commissioner (CEC), dismissal can only occur through a procedure akin to the removal of a Supreme Court judge, executed by Parliament.

Limitations:

• The Constitution doesn't outline the prerequisites (legal, educational, administrative, or judicial) for Election Commission members.
• It doesn't define the duration of service for Election Commission members.
• It doesn't prevent former election commissioners from securing subsequent government appointments.

Mains Question:

• Analyze the constitutional mechanisms established to safeguard the autonomy and neutrality of the Election Commission of India. Discuss the constraints that can potentially influence the functioning of the Election Commission of India at the university level. (15M)