Description
Appointment of Election Commissioners - Past Debates and Present System | Complete Polity Topic for UPSC
How are the Chief Election Commissioner (CEC) and Election Commissioners (ECs) appointed in India? What has changed after the Supreme Court judgement and the new law?
In this video, Vajirao & Reddy Institute - India's Top Potential Training Institute for IAS - explains this crucial topic for UPSC GS2 Polity.
Topics Covered:
1. Constitutional Provision: Article 324 - Superintendence, direction and control of elections vested in Election Commission. Appointment by President, subject to law made by Parliament.
2. Past System (Pre-2023): Appointment was done by President on recommendation of Council of Ministers - Executive's sole discretion. No specific law for appointment process was made for decades. Debates on need for independence and transparency.
3. Supreme Court Judgement - Anoop Baranwal vs Union of India (2023): 5-Judge Constitution Bench said appointment should be by a committee comprising PM, Leader of Opposition (LoP) in Lok Sabha, and Chief Justice of India (CJI) until Parliament makes a law. Court stressed need to keep Election Commission independent like CBI Director appointment.
4. Present System - Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023:
- Search Committee: Led by Law Minister with two Secretaries to prepare panel of 5 persons.
- Selection Committee: Prime Minister (Chair), Leader of Opposition in Lok Sabha, and a Union Cabinet Minister nominated by PM.
- Note: CJI is NOT part of the new committee - this is a major change debated by critics and petitioners.
- Eligibility: Persons who have held or are holding post equivalent to Secretary to Govt of India.
- Term: 6 years or age 65, whichever earlier. Salary equivalent to Supreme Court Judge.
5. Removal Process: CEC can be removed like a Supreme Court Judge (Article 324(5)) - very difficult. ECs can be removed only on recommendation of CEC.
6. Why Important for UPSC: Independence of Election Commission, Separation of Powers, Article 324, Supreme Court vs Parliament, Electoral Reforms.
7. Current Challenges & Debates: Petitions in Supreme Court challenging 2023 Act, demand to include CJI for neutrality, comparison with other appointment committees.
Perfect for UPSC Prelims (Article 324, CEC Act), Mains GS2 (Constitutional Bodies, Electoral Reforms), and Interview.
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