The Chief Election Commissioner and ECs Law, 2023
The law regulates the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) under Article 324(5) of the Constitution.
This was enacted following a March 2023 Supreme Court order for appointments based on a recommendation from a high-power committee (PM, Leader of Opposition, and CJI).
Previously, appointments were made by the President on the Prime Minister's recommendation, raising concerns about impartiality.
Challenges to the New Law
The law substitutes the CJI with a cabinet minister in the selection committee, which is now headed by the Law Minister, with the Leader of Opposition (LoP) as the third member.
The law has been challenged, arguing that it violates the Supreme Court's direction for an independent committee composition.
Infirmities in the Selection Process
The Election Commission of India (ECI) is crucial for ensuring free and fair elections and needs heads with unimpeachable integrity and impartiality.
The law creates a committee that gives a majority to the government (Prime Minister and a cabinet minister), undermining the possibility of an independent and objective assessment of candidates.
The committee's structure and the cabinet minister’s nomination by the Prime Minister compromise fairness and objectivity in selecting the best candidates.
Constitutional Issues and Future Review
The law is seen as constitutionally unsustainable due to the biased committee composition, potentially violating Article 14 (right to equality).
The Supreme Court will review the law, as the fairness of CEC and EC appointments is vital to maintaining free and fair elections, which is part of the basic structure of the Constitution.
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