Bill to amend Members’ Appointment in the Election Commission of India: What are the amendments? 

The Election Commission of India (ECI) plays a vital role in conducting elections nationwide. It has recently proposed by way of bill amendment to modify the appointment process for its members. This comes as part of an effort to ensure that appointments are made through merit rather than political influence or affiliation with any particular party or person. To ensure this happens, new criteria have been suggested that will require potential appointees to meet certain qualifications related to their knowledge of electoral laws and their past experience in dealing with election-related issues around governance and administration more broadly. In doing so, it is expected that those appointed will be better suited for providing objective advice when needed while having both legal literacy and practical insight into how best to manage complex situations during election periods throughout India’s diverse population centers, irrespective of other affiliations deemed nonessential heretofore from consideration within these decision-making processes at work.

The ECI is headed by the Chief Election Commissioner (CEC), assisted by two or more Election Commissioners (ECs). The President of India appoints the CEC and ECs on the recommendation of a Selection Committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. Apart from those mentioned below, the ECI has many other officers and staff responsible for various aspects of the election process.

The ECI has several positions of responsibility, including:

• Chief Election Commissioner: The CEC is the head of the ECI and is responsible for its overall functioning. He/she is also responsible for making all decisions relating to elections. (Currently: Rajiv Kumar)
• Election Commissioners: The ECs assist the CEC in discharging his/her functions. They are also responsible for overseeing elections in different parts of the country. (Currently: Anup Chandra Pandey & Arun Goel)
• Director General of Elections: The Director General of Elections is the chief executive officer of the ECI. He/she is responsible for the day-to-day administration of the ECI.
• Joint Secretaries: The Joint Secretaries are responsible for overseeing the work of the various departments of the ECI.
• Deputy Election Commissioners: The Deputy Election Commissioners are responsible for assisting the Joint Secretaries in discharging their functions.
• Assistant Election Commissioners: The Assistant Election Commissioners provide technical and administrative support to the ECI.

The appointment process to the Election Commission of India is as follows:

• The President of India constitutes a Selection Committee consisting of the following members:

1. The Prime Minister, who will be the Chairperson of the Committee.
2. The Leader of the Opposition in the Lok Sabha.
3. The Chief Justice of India (CJI).

• The Selection Committee shortlists a panel of candidates for the Chief Election Commissioner (CEC) post.
• The President appoints the CEC from the shortlisted panel.
• The President appoints the other Election Commissioners (ECs) on the recommendation of the CEC.

The term of office of the CEC and ECs is six years or until they attain the age of 65 years, whichever is earlier. The President can only remove the CEC and ECs from office on the grounds of proven misbehavior or incapacity after an inquiry by a Supreme Court judge.

1. Union of India v. Association for Democratic Reforms: The Supreme Court of India, in its judgment in the case of Union of India vs. Association for Democratic Reforms (2002), held that the appointment of the CEC and ECs should be made by a Selection Committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the CJI. The Court also held that the term of office of the CEC and ECs should be six years and that they could only be removed from office on the grounds of proven misbehavior or incapacity after an inquiry by a Supreme Court judge.
2. Kedar Nath Singh v. Union of India: The Supreme Court, in its judgment in the case of Kedar Nath Singh vs. Union of India (1962), further clarified the appointment process of the CEC and ECs. The Court held that the Selection Committee should consider the following factors while shortlisting candidates for the post of CEC: integrity, impartiality, experience in election matters, knowledge of the Constitution and laws relating to elections, and ability to conduct free and fair elections. The Court also held that the Selection Committee should only make recommendations to the President if satisfied that the candidate is fit to be appointed as the CEC.

The Bill to amend Members’ Appointment in the Election Commission of India, 2023 proposes to amend the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. The key amendments in the Bill are:

• The Election Commission will consist of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs) as the President may decide.
• The President will appoint the CEC and other ECs on the recommendation of a Selection Committee.
• The Selection Committee will consist of the following members:

1. The Prime Minister, who will be the Chairperson of the Committee.
2. The Leader of the Opposition in the Lok Sabha.
3. The Prime Minister nominates a Union Cabinet Minister.

• If the Leader of the Opposition in the Lok Sabha has yet to be recognized, the leader of the largest opposition party in Lok Sabha will assume the role.
• The term of office of the CEC and other ECs will be six years or until they attain the age of 65 years, whichever is earlier.
• The President can only remove the CEC from office on the grounds of proven misbehavior or incapacity after an inquiry by a Supreme Court judge.
• The President can remove the other ECs on the grounds of proven misbehavior or incapacity after an inquiry by a judge of the High Court.

The amendment bill for appointment of members to the Election Commission of India has been met with criticism from the opposition parties and some legal experts. The main concerns are that the bill would dilute the independence of the Election Commission and make it more susceptible to political interference.

The bill proposes to change the composition of the Selection Committee that appoints the members of the Election Commission. Currently, the Selection Committee consists of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. The bill proposes to replace the CJI with a Union Cabinet Minister nominated by the Prime Minister. The opposition parties argue that this change would give the government too much influence over the Selection Committee and make it more likely that the government’s preferred candidate would be appointed to the Election Commission. They also argue that the bill does not provide for any checks and balances on the power of the Selection Committee.

Some legal experts have also expressed concerns about the bill. They argue that the bill is unconstitutional because it violates the principle of separation of powers. They also argue that the bill would make it more difficult for the Election Commission to function independently and impartially.

The government has defended the bill, arguing that it is necessary to ensure the smooth functioning of the Election Commission. They have also said that the bill does not dilute the independence of the Election Commission.

• The bill would make the appointment process more transparent and accountable.
• The bill would ensure that the Election Commission is not dominated by any one party or group.
• The bill would make it more difficult for the government to interfere in the working of the Election Commission.

• The bill would dilute the independence of the Election Commission.
• The bill would make it more difficult for the Election Commission to function effectively.
• The bill is unconstitutional because it violates the principle of separation of powers.

In conclusion, the amendment bill for appointment of members to the Election Commission of India is a complex and controversial issue. There are strong arguments on both sides of the debate. It is important to carefully consider all of the arguments before forming an opinion on the bill.

The main concerns about the bill are that it would dilute the independence of the Election Commission and make it more susceptible to political interference. The bill proposes to change the composition of the Selection Committee that appoints the members of the Election Commission, and the opposition parties argue that this would give the government too much influence over the Selection Committee.

The government has defended the bill, arguing that it is necessary to ensure the smooth functioning of the Election Commission. They have also said that the bill does not dilute the independence of the Election Commission. The bill is likely to be debated in the Rajya Sabha and the Lok Sabha in the coming weeks. It is also likely to be challenged in the Supreme Court. The outcome of the debate on the bill is uncertain. However, it is important to have a public discussion on this issue so that we can all understand the implications of the bill and make an informed decision about it.