Electoral Reforms In India

SC to hear petitions against law on CEC appointment today

Explained | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students

From UPSC perspective, the following things are important :

Mains level: Chief election commission;

Why in the News?

Recently, the Supreme Court agreed to give priority to a hearing on February 19 regarding petitions challenging a new law that gives the central government more control over appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs).

What are the issues related to CEC?

  • Challenge to the 2023 Law: The Supreme Court is hearing petitions challenging the validity of the Chief Election Commissioner and Other Election Commissioners Act, 2023. This law is under scrutiny because it excludes the Chief Justice of India (CJI) from the selection panel for Election Commissioners.
    • Petitioners argue that the government excluded the CJI from the selection process, making it a “mockery of democracy”. They allege that the appointments of the CEC and EC under the 2023 law disregard a Constitution Bench ruling that mandated the inclusion of the CJI in the selection panel.
  • Opposition Dissent: Congress submitted a dissent note, stating that the process of choosing the Election Commissioner and CEC should be free from executive interference and that removing the CJI exacerbates concerns about the integrity of the electoral process.
  • Concerns About Neutrality: The current selection committee composition, consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition, is viewed by some as being biased towards the ruling party, which could impinge on the Election Commission’s neutrality.

What is the process for the appointment of CEC? 

  • Article 324 of the Constitution – Empowers the Election Commission of India (ECI) to supervise, direct, and control elections to Parliament, state legislatures, and the offices of the President and Vice-President.
  • Tenure & Conditions (Article 324(5)) – The CEC enjoys a fixed tenure and can only be removed in the manner prescribed for a Supreme Court judge (i.e., through impeachment). However, Election Commissioners can be removed based on the CEC’s recommendation.
  • Supreme Court Judgments:
    • S.S. Dhanoa v. Union of India (1991) – Reaffirmed the security of tenure for Election Commissioners.
    • T.N. Seshan v. Union of India (1995) – Strengthened the autonomy of the Election Commission.
    • Anoop Baranwal Case (2023) – Laid down a structured appointment process to ensure neutrality, later altered by the 2023 Act.
  • Prior to 2023 Law: The Supreme Court had directed that the CECs and Election Commissioners be appointed by the President based on the advice of a Selection Committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha/leader of the single largest party in Opposition, and the Chief Justice of India.
  • The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 – Codified the appointment process but replaced the CJI with a Cabinet Minister in the selection process. According to this act, Election Commissioners are selected by a committee consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha.
    • Recent Appointment: Gyanesh Kumar was recently appointed as the new CEC, and Dr. Vivek Joshi as an Election Commissioner.

What are the legal and constitutional basis of CEC? 

  • Section 7(1) of the Act: The petitions specifically challenge the validity of Section 7(1) of the Chief Election Commissioner and Other Election Commissioners Act. This section outlines the selection committee for appointing the CEC and Election Commissioners, which includes the Prime Minister, the Leader of the Opposition, and a Union Cabinet Minister nominated by the Prime Minister.
    • The petitions before the Supreme Court question whether Parliament has the authority to nullify or amend a Constitution Bench judgment through legislation
  • Article 141 of the Constitution: The Supreme Court will consider whether the 2023 Act circumvents or dilutes the apex court’s authority to pronounce binding decisions under Article 141 of the Constitution.
  • Dilution of Supreme Court Judgment: Petitioners argue that the 2023 law dilutes the Supreme Court’s judgment in the Anoop Baranwal case, which aimed to ensure an independent Election Commission free from executive influence.

Way forward: 

  • Restore Judicial Oversight: Reinstate the Chief Justice of India in the selection panel to uphold judicial independence and maintain the neutrality of the Election Commission.
  • Legislative Safeguards: Enact a comprehensive law ensuring a transparent and bipartisan appointment process, reducing executive dominance and reinforcing democratic principles.

Mains PYQ:

Q Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC IAS/2022)

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