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The new process for picking Election Commissioners, what led to it

The new process for picking Election Commissioners, what led to it
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The new process for picking Election Commissioners, what led to it

  • The present Election Commissioner of India is set to retire soon.
  • His successor will be chosen through a consultative process for the first time.

Committee Composition and Selection Process for Election Commissioner

  • The selection will be made by a committee including the Prime Minister, Lok Sabha Leader of Opposition, and a Union minister.
    • Similar committee previously appointed the Lokpal and Central Vigilance Commissioner.
  • The two other members of the Commission are Chief Election Commissioner Rajiv Kumar and Arun Goel.
  • Selection will be from five names shortlisted by a screening panel.
  • Past appointments were made solely at the government's discretion.

Supreme Court’s Intervention in the Selection Process for Election Commissioners

  • Four petitions were filed before the Supreme Court urging fair and transparent selection process.
  • The Supreme Court referred the matter to the Constitution bench for interpretation of Article 324.
  • The Centre opposed Supreme Court intervention in appointments.
  • Government argued the President has constitutional power to appoint Election Commissioners without a law from Parliament.
  • Government maintained existing procedure had been consistently relied upon.

Supreme Court’s Ruling

  • The Supreme Court ruling on March 2, 2023, laid down a process for appointment.
  • Appointments were to be made by the President on advice of a Committee comprising the PM, Leader of Opposition, and Chief Justice of India.
  • Norms in ruling were subject to any future law by Parliament.

Historical Context and Prior Proposals

  • The past committees and Law Commission reports also made recommendations in this regard.
  • Previous recommendations emphasized the need for a consultative process involving key stakeholders.

Parliamentary Response and Passing of Bill

  • The Centre Government introduced a Bill in August outlining appointment procedure.
  • Bill passed in December, 2023 establishes a committee with the PM, Leader of Opposition, and nominated Cabinet Minister.
  • Composition in the bill was criticised for potentially undermining the Election Commission's independence.

Conclusion

  • The bill passed by Parliament and assented by the President marks a significant change in the Election Commission appointment process.
  • Controversy surrounding the committee's composition raises questions about its impact on the Commission's autonomy.

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