Changes in the Election Commission of India’s selection process

Source: The post changes in the Election Commission of India’s selection process has been created, based on the article “Former Election Commmissioner Ashok Lavasa writes: With vacancies, Election Commission’s moment of reckoning” published in “Indian express” on 12th March 2024.

UPSC Syllabus Topic: GS Paper 2- Polity- Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

News: The article discusses the changes made to the Indian Election Commission’s selection process and conditions of service through a bill in Parliament. It focuses on the amendments related to the Chief Election Commissioner (CEC) and Election Commissioners (ECs), including their removal process, status equivalence, and the composition of the selection committee.

For details information on Election Commission of India read here

Backwards

In March 2023, the Supreme Court (Anoop Baranwal v. Union of India Case) ordered the creation of a selection committee for the ECI with the Chief Justice of India (CJI) as a member. However, later, Parliament passed a law excluding the CJI from this committee.

For information on changes introduced by SC regarding selecting Election Commissioner read here

What are the changes in the Election Commission of India’s selection process?

Introduction of a Selection Committee: A committee was formed for selecting Election Commission of India (ECI) members, initially including the Chief Justice of India (CJI).

Exclusion of the CJI: Later, a law was passed that removed the CJI from this committee, raising concerns about potential bias in the selection process.

Restoration of Equivalence with Supreme Court Judges: In the final amendments, the equivalence of the CEC and ECs with Supreme Court judges was restored, reversing an earlier proposal to equate them with the Cabinet Secretary.

Disparity in Removal Process Unchanged: The government did not establish parity in the removal process between the CEC and ECs. The CEC continues to have a removal process like a Supreme Court Judge, while ECs can still be removed by the President upon the CEC’s recommendation.

Change in Search Committee Leadership: The role of the chair of the Search Committee was shifted from the Cabinet Secretary to the Law Minister. Additionally, the requirement for committee members to have election-related experience was dropped.

For information on key features of the Bill for appointments to the Election Commission read here

What are the concerns about these changes?

1. Exclusion of the Chief Justice of India (CJI) from the selection committee for the Election Commission of India (ECI) raises concerns about potential bias in the selection process.
2. The equivalence of Chief Election Commissioner (CEC) and Election Commissioners (ECs) with Supreme Court judges was restored, but the disparity in their removal process remains, leading to confusion.
3. The replacement of the Cabinet Secretary by the Law Minister as chair of the Search Committee, and changes in committee member criteria, raises questions about the expertise and independence of the selection process for the ECI.

Question for practice:

What are the recent changes to the Election Commission of India’s selection process, and what concerns do they raise?