The Chief Election Commissioner (CEC) of India is the head of the Election Commission of India (ECI). The CEC is responsible for overseeing that free and fair elections in the country are conducted. The appointment of the Chief Election Commissioner is an important process that ensures the integrity of India's democratic system.
The appointment of the Chief Election Commissioner is governed by the Constitution of India. According to Article 324 of the Constitution, the President of India appoints the CEC. However, the President cannot make this appointment on their own. They are required to consult with the Prime Minister and the Leader of the Opposition in the Lok Sabha (the lower house of Parliament) before making the appointment.
About the process of appointment
The process of appointing the Chief Election Commissioner begins with the retirement or resignation of the incumbent CEC. Once a vacancy is created, the government initiates the process of selecting a new CEC. The Ministry of Law and Justice is responsible for shortlisting potential candidates for the position.
The shortlisted candidates are then referred to a high-level committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Union Minister of Law and Justice. The committee evaluates the candidates based on their qualifications, experience, and suitability for the position.
Once the committee has evaluated the candidates, they recommend a name to the President of India for appointment. The President then appoints the recommended candidate as the Chief Election Commissioner of India.
About the tenure of CEC
It is important to note that the appointment of the Chief Election Commissioner is made for a fixed term of six years or until the age of 65, whichever is earlier. The CEC can also be removed from office before the completion of their term if they are found to be guilty of misconduct or if they are unable to discharge their duties.
However a list of petitions had requested a collegium-like structure for the selection of election commissioners to ensure fair elections in the country, alleging that the previous process was driven by "whims and fancies of the government".
According to the petitions, the Centre unilaterally appointed members of the Election Commission, unlike the appointments of the CBI director or the corruption watchdog Lokpal, where the leader of the Opposition and judiciary have a say.
SC directs involvement of CJI in appointing CEC
Hence, the Constitution Bench of the Supreme Court scheduled a hearing today on petitions seeking reform in the process for the appointment of members of the Election Commission of India. The judgment was pronounced by a 5-judge bench headed by Justice K.M. Joseph.
The appointment of the CEC and Election Commissioners shall be on the recommendation of a committee comprising the PM, CJI, and Leader of the Opposition in Lok Sabha, said the Supreme Court Constitution Bench.
What does the verdict mean?
According to the Supreme Court's verdict, Prime Minister's direct power to recommend the CEC candidate will be hindered. The joint committee of PM, along with Leader of Opposition and Chief Justice of India will collectively select candidates to escalate them to the President.
