Hindu Editorial Analysis : 23-March-2024
Recently, the President appointed two new Election Commissioners (ECs) to fill vacancies, but this decision has sparked significant criticism. The appointments are made under the new Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Critics argue that the process lacks the necessary independence from the executive branch.
Understanding the New Law
The newly appointed officials are the first to be selected under this law. The process of appointing the Chief Election Commissioner (CEC) and other ECs is as follows:
- Selection Committee Composition:
- Prime Minister
- A Union Cabinet Minister
- Leader of Opposition (or leader of the largest opposition party in Lok Sabha)
- Shortlisting Candidates:
- A committee led by the Union Minister for Law and Justice creates a shortlist of six names.
- This committee includes two officials of the rank of Secretary to the government.
While the Constitution does not specify qualifications for Election Commissioners, traditionally, senior civil servants of high rank have been appointed. This ensures that those with significant administrative experience lead the Election Commission of India (ECI).
Criticism of the Process
Several concerns have been raised regarding the new appointment process:
- Government Dominance: The selection process may be heavily influenced by the government, which could compromise the independence of the ECI.
- Vacancy Concerns: Accepting recommendations without a complete selection panel may result in a government monopoly in candidate selection.
- Exclusion of Qualified Candidates: Focusing solely on senior bureaucrats may overlook other capable candidates.
- Removal of the Chief Justice: The new law has replaced the Chief Justice of India from the selection panel with a Union Minister, giving the executive a two-to-one majority in the committee.
Supreme Court Observations
In a recent ruling (Anoop Baranwal vs. Union of India), the Supreme Court clarified that the power to appoint the CEC and ECs should not rest solely with the executive. The Constitution’s framers intended for this power to be subject to parliamentary law. The Court has asked the government to respond to petitions challenging the constitutional validity of the new Act while emphasizing the importance of the ECI’s independence to ensure free and fair elections.
Why In News
The President has appointed Election Commissioners (ECs) to fill two vacancies, a decision that has attracted justified criticism for its potential impact on the independence of the electoral process in India. Critics argue that the new selection method may undermine the integrity and impartiality that are essential for fair elections.
MCQs about The Appointment of Election Commissioners
- What new law governs the appointment of Election Commissioners in India?
A. Election Commission Act, 2020
B. Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
C. Election Appointment Law, 2021
D. Election Commissioner Selection Act, 2022
- Who comprises the Selection Committee that recommends candidates for the Election Commissioners?
A. Chief Justice of India, Prime Minister, Union Minister
B. Prime Minister, Union Cabinet Minister, Leader of Opposition
C. President, Chief Justice of India, Finance Minister
D. Prime Minister, Attorney General, Leader of Opposition
- What criticism has been leveled against the new process of appointing Election Commissioners?
A. It requires a public vote.
B. It limits candidates to only those from political parties.
C. It may lead to government dominance over the Election Commission.
D. It does not include any government officials.
- What was the Supreme Court’s position regarding the appointment of Election Commissioners?
A. The power should solely belong to the executive.
B. The process should include only political leaders.
C. The appointment power should not rest exclusively with the executive.
D. The selection should be based on public opinion.
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