Context:
President appoints Gyanesh Kumar as the New Chief Election Commissioner, the first appointment of the CEC under the Chief Election Commissioner and Other Election Commissioner Act, 2023.
Background:
- Article 324 of the Indian Constitution specifies that the Chief Election Commissioner (CEC) and Election Commissioners (ECs) will be appointed by the President, subject to Parliamentary law, if such a law exists.
- However, Parliament had not enacted a relevant law until 2023.
- Consequently, the President made appointments based on the recommendations of the Prime Minister.
- In 2023, the Supreme Court, in the Anoop Baranwal v. Union of India case, decided to reform the appointment process to ensure the independence of the Election Commission.
- The Bench created a committee comprising the Prime Minister, the Leader of the Opposition in Parliament, and the Chief Justice of India (CJI) to recommend appointments until Parliament enacts a separate law.
- Consequently, the Parliament enacted Chief Election Commissioner and Other Election Commissioner Act, 2023
Chief Election Commissioner and Other Election Commissioner Act, 2023:
- Eligibility Criteria – The Act limits eligibility to current or former Secretary-level officers.
- Previously, the senior-most Election Commissioner would succeed the outgoing CEC.
- The new Act allows for the selection of candidates outside the Election Commission
- Search Committee Formation –
- Section 6 mandates the formation of a Search Committee, chaired by the Minister of Law and Justice, along with 2 senior officials, to prepare a panel of five names for recommendation.
- The committee’s recommendations are submitted to a Selection Committee.
- Selection Committee Composition –
- Prime Minister (Chairperson)
- Union Cabinet minister nominated by PM
- Leader of the Opposition in the Lok Sabha
- This committee can choose from the panel or nominate an external candidate to the President
- Term of Office – 6 years, or until 65 years of age, whichever earlier
- Terms and Conditions –
- If an EC become the CEC, combined tenure cannot exceed 6 years
- No reappointment allowed
Source: TH
Previous Year Question
Consider the following statements:
1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.
Which of the statements given above is/are correct?
[UPSC Civil Services Exam – 2017 Prelims]
(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 3 only
Answer: (d)
Explanation:
The election commission has three election commissioners, one Chief Election Commissioner and two Election Commissioners. Election commission decides the election schedule for the conduct of both general elections and bye-elections.