CEC SELECTION PANEL - POLITY

News: Bill to replace CJI from selection panel for CEC runs contrary to govt.’s own committee recommendation

 

What's in the news?

       The Bill to replace the Chief Justice of India (CJI) from the committee to select the Chief Election Commissioner (CEC) and Election Commissioners runs contrary to a recommendation made by the government’s own committee.

 

Key takeaways:

       A bill scheduled for introduction in the Rajya Sabha proposes that a three-member committee led by the prime minister will be responsible for appointing future chief election commissioners and election commissioners.

 

Panel according to the Bill:

       Panel will also include the leader of the opposition in the Lok Sabha and a Cabinet Minister.

       This diverges from a Supreme Court ruling in March, which stated that the committee's composition should consist of the prime minister, the leader of the opposition in the Lok Sabha, and the Chief Justice of India.

 

Issues:

       Appointment process of CEC and other EC's.

       Removal process of Election commissioners.

       Funding pattern of Election commission.

 

Supreme Court verdict:

       High power committee: Consisting of the Prime Minister, Leader of Opposition in Lok Sabha or leader of largest opposition party in the Lok Sabha and the Chief Justice of India must pick the Chief Election Commissioner (CEC) and Election Commissioners (ECs).

       This will be subject to any law to be made by Parliament.

       Article 324(2) - The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time-to-time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.

       The removal process of the Chief Election Commissioner and Election Commissioners should be different as of now.

       The Supreme Court ruled that the Permanent secretariat for the ECI and the Election commission expenditure shall be charged on from the consolidated fund of India.

 

Current process of appointing CEC and EC:

       The Law Minister suggests a pool of suitable candidates to the Prime Minister for consideration.

       Prime Minister selects the suitable candidate and suggests the President to make an appointment.

       As per Article 324 President appoints Chief Election Commissioner and other Election Commissioners.