APPOINTMENT OF ELECTION COMMISSIONERS

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Context: A five-judge Constitution Bench of the Supreme Court held unanimously that the Chief Election Commissioner (CEC) and Election Commissioners must be chosen by a high-power committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India (ECs).

Details

• Currently, the central government has the authority to choose members of the Election Commission. The Supreme Court has now granted the judiciary and the opposition a voice in the matter, stating that the CEC and ECs must be selected by the President on the recommendation of a committee made up of the prime minister, the leader of the opposition in the Lok Sabha, and the Chief Justice of India.
• This landmark judgment, which aims to alter the process for choosing India's top election officials, might have a huge impact.

Election Commission of India

• It is a permanent constitutional body under Article 324 of the Indian constitution.
• The Election Commission of India supervises the conduct of elections to the Parliament and Legislature of every State and elections to the offices of the President and Vice-President of India.
• It consists of the Chief Election Commissioner and two Election Commissioners.
  • Originally, there was only Chief Election Commissioner, there were no Election Commissioners.

Appointment of Election Commissioner

• The President appoints Chief Election Commissioner and Election Commissioners.
• Tenure of 6 years, or up to 65 years of age, whichever is earlier.
• The status, salary and perks of election commissioners are equivalent to Judges of the Supreme Court of India.
• The Chief Election Commissioner can be removed from office only through impeachment by Parliament.
  • The President can remove other members in consultation with the Chief Election Commissioner.
• The President may appoint Regional Election Commissioners in consultation with the CEC before elections to the Parliament or Assemblies.
• The Chief Election Commissioner cannot hold any office of profit after retirement.
• The Chief Election Commissioner cannot be reappointed to the post.
• The legal, educational, administrative, or judicial qualifications of the Election Commission members are not specified in the Constitution.
• The term of the Election Commission's members is not specified in the Constitution.
• The Constitution does not prohibit the government from appointing retiring election commissioners in the future.

Powers of the Election Commission

• The EC enjoys complete autonomy and is insulated from any interference from the Executive.
• It also functions as a quasi-judicial body regarding matters related to elections and electoral disputes.
• Its recommendations are binding on the President of India.
• However, its decisions are subject to judicial review by High Courts and the Supreme Court acting on electoral petitions.
• During the election process, the entire Central and state government machinery (including paramilitary and police forces) is deemed to be on deputation to the Commission.
• The Commission takes effective control of government personnel and movable and immovable property for the successful conduct of elections.

Functions of the Election Commission

• Demarcation of constituencies.
• Preparation of electoral rolls.
• Issue notification of election dates and schedules.
• Establish and enforce a code of conduct.
• Scrutiny of nomination papers of candidates.
• Scrutiny of election expenses.
• Allot symbols and accord recognition to political parties.
• Render advice to the President and Governors regarding the disqualification of MPs and MLAs.
• Allot schedules for broadcast and telecast of party campaigns.
• Grant exemptions to persons from disqualifications imposed by judicial decisions.

https://indianexpress.com/article/explained/explained-law/chief-election-commissioner-appointment-explained-supreme-court-ruling-8474745/