About ECI
- Autonomous constitutional authority responsible for administering Union and State election processes in India.
- Established on 25th January 1950 (celebrated as National Voters’ Day).
- Conducts elections for:
- Lok Sabha, Rajya Sabha, State Legislative Assemblies.
- President and Vice President of India.
- Not responsible for panchayat and municipal elections, which are managed by State Election Commissions.
Constitutional Provisions
- Part XV (Articles 324-329) deals with elections and establishes the ECI.
- Article 324: Grants the ECI power to supervise, direct, and control elections in India.
Structure of ECI
- Initially a single-member body (CEC only).
- Election Commissioner Amendment Act, 1989 made it a multi-member body.
- Current structure:
- Chief Election Commissioner (CEC).
- Two Election Commissioners (ECs).
- At the state level, the ECI is assisted by the Chief Electoral Officer.
Appointment & Tenure of Commissioners
- Appointed by the President as per the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023.
- Tenure: Six years or until the age of 65, whichever is earlier.
- Salary & service conditions: Equivalent to Supreme Court judges.
Removal Process
- CEC: Can be removed only through a process similar to the removal of a Supreme Court judge, requiring Parliamentary approval.
- ECs: Can be removed only on the recommendation of the CEC.
- Resignation: Any Commissioner can resign at any time.
Significance of ECI
- Ensures free, fair, and transparent elections in India.
- Upholds democratic principles and maintains electoral integrity.
- Plays a crucial role in strengthening democracy by conducting elections independently and impartially.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- The Act introduces a new mechanism to broaden the selection process for the Chief Election Commissioner (CEC) and Election Commissioners (ECs), ensuring greater transparency and independence.
Background of the New Law
- Article 324 of the Constitution states that the CEC and ECs are appointed by the President, subject to a Parliamentary law (if enacted).
- Until now, no such law was enacted, and appointments were made as per the Prime Minister’s recommendations to the President.
- In 2023, the Supreme Court (SC) in Anoop Baranwal v. Union of India ruled that the appointment process must be reformed to ensure the independence of the Election Commission.
- SC-formed committee (until Parliament enacts a law):
- Prime Minister
- Leader of Opposition in Lok Sabha
- Chief Justice of India (CJI)
- The new law aligns with the SC directive and formalizes the selection process for CEC and ECs.
New Appointment Process Under the Act
Eligibility Criteria
- As per Section 5, only individuals who are current or former Secretary-level officers in government are eligible.
Departure from Tradition
- Earlier, the senior-most Election Commissioner was appointed as the CEC.
- The Act allows selection from outside the Election Commission, increasing the candidate pool.
Formation of the Search Committee
- Section 6 mandates a Search Committee, chaired by the Minister of Law and Justice, with two senior officials.
- The committee prepares a panel of five names and submits them to the Selection Committee.
Selection Committee Composition
- The Selection Committee includes:
- Prime Minister (Chairperson)
- A Cabinet Minister (nominated by the PM)
- Leader of Opposition in Lok Sabha
- The Selection Committee can either:
- Choose a candidate from the panel OR
- Nominate an external candidate outside the panel.
Significance of the Act
- Formalizes the appointment process, reducing executive influence.
- Expands the candidate pool, making appointments more competitive and merit-based.
- Aligns with SC recommendations, ensuring greater transparency and independence.
- Strengthens the institutional integrity of the Election Commission of India (ECI).
This Act is a landmark step toward enhancing the autonomy and fairness of India’s electoral process.
