Discuss the process and procedure for the appointment of the Chief Election Commissioner of India and its functions, in brief.

📝Model Answer

Introduction

The Chief Election Commissioner (CEC) heads the Election Commission of India, a constitutional body under Article 324 responsible for the superintendence, direction, and control of elections. The appointment process has undergone a major statutory overhaul with the enactment of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Background to the Present Process

1. Constitutional gap – Article 324 empowers Parliament to regulate the appointment of the CEC and Election Commissioners (ECs), but no such law existed for decades; appointments were made by the President on the advice of the Prime Minister.
2. Anoop Baranwal judgment (2023) – The Supreme Court held that CEC/EC appointments should not rest solely with the Executive and mandated an interim Selection Committee comprising the Prime Minister, the Leader of Opposition, and the Chief Justice of India, pending a parliamentary law.
3. 2023 Act enacted – Parliament enacted the Chief Election Commissioner and Other Election Commissioners Act, 2023, which came into force on 2 January 2024, replacing the 1991 Act and establishing a statutory two-stage appointment mechanism.

Process and Procedure of Appointment

1. Search Committee – Headed by the Union Minister for Law and Justice, with two other members not below the rank of Secretary to the Government of India; prepares a panel of five names for consideration.
2. Eligibility criteria – Candidates must be current or former officers holding a rank equivalent to Secretary to the Government of India, with knowledge and experience in election management.
3. Selection Committee – Comprises the Prime Minister (Chairperson), the Leader of Opposition in the Lok Sabha (or leader of the largest opposition party), and a Union Cabinet Minister nominated by the Prime Minister; notably, the CJI has been excluded from this committee, unlike the interim SC-mandated arrangement.
4. Selection discretion – The Selection Committee may choose from the Search Committee’s panel or consider any other eligible person outside it.
5. Presidential appointment – The President formally appoints the CEC and ECs by warrant under hand and seal, based on the Selection Committee’s recommendation.
6. Ongoing legal challenge – The constitutional validity of excluding the CJI from the Selection Committee is currently sub judice before the Supreme Court, though the Court has declined to stay the Act’s operation.

Functions of the Chief Election Commissioner

1. Superintendence of elections – Heads the Election Commission in conducting free and fair elections to Parliament, State Legislatures, and the offices of President and Vice-President.
2. Preparation of electoral rolls – Oversees preparation, revision, and updation of electoral rolls across the country.
3. Delimitation coordination – Works with the Delimitation Commission on constituency boundaries.
4. Model Code of Conduct enforcement – Ensures compliance by political parties and candidates during elections.
5. Recognition of political parties – Grants recognition to political parties and allots election symbols.
6. Advisory role – Advises the President/Governor on matters of disqualification of members of legislatures.

Conclusion