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Polity & Governance
Mahesh

08/02/24 10:03 AM IST

Picking Election Commissioners

In News
  • Election Commissioner Anup Chandra Pandey is set to retire on February 14, and his successor will be picked through a consultative process being adopted for the first time.
Why this change?
  • It was the Supreme Court that forced the government’s hand. Four petitions were filed before the apex court in 2015, 2017, 2021, and 2022, which broadly called for a fair and transparent system to choose Election Commissioners.
  • The petitioners pointed out that Article 324(2) specifies the President’s role in appointing Election Commissioners, with the caveat that this appointment is subject to any law passed by Parliament. However, successive governments had not shown any inclination to enact such a law.
  • They criticised the current appointment system for being opaque and said it raises doubts about the institution’s independence.
  • They called for a consultative process in which a collegium or a body of persons is tasked with the responsibility to select the Election Commissioners.
Appointment of Election Commissioners
  • The power to make appointments rested exclusively with the Executive.
  • The government maintained a database of serving and retired officers, primarily Secretaries to the Government of India and Chief Secretaries, from which the Law Ministry would create a shortlist.
  • The Prime Minister held the power to decide the appointment, with the President formally appointing the chosen candidate.
  • Notably, past Election Commissioners were predominantly retired officers of the Indian Administrative Services (IAS), with very few exceptions.
New Formula for Appointment
  • The Bill, passed by Parliament in December 2023, establishes a committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and a Cabinet Minister nominated by the PM.
  • The selection will be made from five names shortlisted by a screening panel headed by the Law Minister and comprising two Union secretaries.
  • The composition of the committee was criticised by the Opposition. This is because, as per the intent of the Constitution’s framers, the Election Commission should be an independent body.
  • The proposed committee’s composition effectively sidelines the Leader of Opposition, who could be consistently outvoted by the Prime Minister and the Union minister.
  • This Bill was passed by Parliament in December 2023 and the President gave her assent within a week
Source- The Hindu

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