SC’s judgment on the appointment of Election Commissioners

• A Constitution Bench of the Supreme Court directed in a landmark judgment that Chief Election Commissioner (CEC) and Election Commissioners (ECs) will be appointed by the President on the advice tendered by a committee of the Prime Minister, Leader of Opposition (LoP) in the Lok Sabha and the Chief Justice of India (CJI).
  • The judgment has now brought the appointment process of Chief Election Commissioners and Election Commissioners on par with that of the CBI Director.
  • The move is aimed at insulating the appointment of the Chief Election Commissioner (CEC) and election commissioners from the Executive’s interference.
• Chief Election Commissioners and Election Commissioners have so far been appointed by the President on the advice of the Prime Minister.
• The high-powered committee would continue to advise the President on the appointment until the Parliament enacts a law on the appointment process of Election Commissioners.
• Other highlights of SC verdict
  • Appointment of an EC for a tenure less than six years is in “clear breach” of law. Section 4(1) of Election Commission (Conditions of Service of ECs and Transaction of Business) Act, 1991 requires that CECs and ECs should separately have a period of six years in office.
  • SC ruled that process of removal of CEC and other ECs cannot be the same.
  • On issue of funding EC, Court held that there is a need to provide for a permanent Secretariat and expenditure be charged on Consolidated Fund of India.

The Election Commission of India

• It is an autonomous constitutional body under Article 324.
• It administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
• Composition
  • Originally the commission had only a Chief Election Commissioner.
  • It currently consists of Chief Election Commissioner and two Election Commissioners.
• Appointment & Tenure of Commissioners
  • The President appoints Chief Election Commissioner and Election Commissioners under article 324(2).
  • They have a tenure of six years, or up to the age of 65 years, whichever is earlier.
  • They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
  • The Chief Election Commissioner can be removed from office only through impeachment by Parliament.
  • Service condition- same as judges of Supreme Court. EC can’t be removed from office except on recommendation of CEC.