CJI’s Role in CEC and EC Appoint­ments was Tem­por­ary: SC 

Why in News?

The Supreme Court has begun hearing petitions challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which excluded the Chief Justice of India (CJI) from the selection committee for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs). 

The SC observed that the 2023 Supreme Court judgment requiring the CJI to be part of the selection process was designed to fill a legal vacuum and cannot automatically override a law subsequently enacted by Parliament.  

Election Commission of India: 

The Election Commission of India is a permanent, independent body established by the Indian Constitution to ensure free and fair elections in the country. 

• Article 324 (1): Vests the superintendence, direction and control of elections to Parliament and State Legislatures in the Election Commission of India.
• Art. 324(2): Appointments of CEC and ECs shall be made by the President, subject to any law made by Parliament. 

The Election Commission operated as a single-member body consisting only of the Chief Election Commissioner (CEC) till 1989. Presently, ECI is a three-member body comprising 1 CEC and 2 ECs. 

Appointment of the CEC and ECs: 

1. The Long Vacuum (1950- 2014): 

• Article 324(2) of the Constitution required Parliament to enact a law for the appointment of the CEC and ECs. No such law was enacted for over seven decades. The appointments were made by the President of India on the advice of the Council of Ministers (effectively, the Prime Minister).

Advocate Anoop Baranwal filed a petition under Article 32 challenging the constitutionality of the executive-dominated appointment process, arguing it undermined the independence of the Election Commission. 

2. Anoop Baranwal v. Union of India (2023): 

• The SC emphasised that the ECI must be insulated from executive dominance and directed that appointments should be made by a committee comprising:
  • Prime Minister of India
  • Leader of the Opposition
  • Chief Justice of India (CJI), until Parliament enacted a law. 

3. The CEC and Other EC (Appointment) Act, 2023: 

• The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act was enacted in 2023. The President shall appoint the CEC and other ECs on the recommendation of a Selection Committee consisting of:
  • Prime Minister – Chairperson
  • Leader of the Opposition of the Lok Sabha – Member
  • Union Cabinet Minister to be nominated by the Prime Minister – Member

Criticism (Executive dominance and independence of ECI):

• The Act replaces the CJI with a Union Cabinet Minister nominated by the Prime Minister in the selection committee, thus giving the executive an effective two-thirds voting majority. 
• The key constitutional question is whether the 2023 Act violates constitutional principles such as institutional independence and free and fair elections. 

The Observation of the Supreme Court: 

The SC observed that the 2023 Supreme Court judgment in the Anoop Baranwal case was designed to fill a legal vacuum and cannot automatically override a law subsequently enacted by Parliament.  

• Article 324(2) explicitly authorises Parliament to make a law regarding appointments.
• The Anoop Baranwal judgment itself stated that the arrangement, including the CJI, would operate only until Parliament enacted a law.

The Election Commission is the guardian of free and fair elections, recognised as a basic structure of the Constitution. Any dilution of its institutional independence directly impacts democratic governance. 

UPSC PYQ 2017: 

Q. Consider the following statements:

1. The Election Commission of India is a five-member body.

2. The 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?

(a) 1 and 2 only

(b) 2 only

(c) 2 and 3 only

(d) 3 only

Answer: (d) 

UPSC Mains PYQ 2022:

Q. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. 

UPSC Mains PYQ 2018: 

Q. In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?  

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