News Excerpt:

The current Election Commissioner is set to retire on February 14, and his successor will be picked through a consultative process being adopted for the first time.

About the news:

• The selection will be made by a committee comprising the Prime Minister, Lok Sabha Leader of Opposition, and a Union minister.
• The similar committee also selects the Lokpal and the Central Vigilance Commissioner.

What prompted the change?

• In 2022, a five-judge Constitution bench started hearing the petitions which broadly called for a fair and transparent system to choose Election Commissioners.
• The petitioners pointed out that Article 324(2) specifies the President’s role in appointing Election Commissioners, with the caveat that this appointment is subject to any law passed by Parliament.
• However, successive governments had not shown any inclination to enact such a law.
• The appointment system was criticized for being opaque and raised doubts about the institution’s independence.
• There was a call for a consultative process in which a collegium or a body of persons is tasked with the responsibility to select the Election Commissioners.
• In 2023, the five-judge bench ruled on the matter.
• The Supreme Court observed that the inclusion of the words “subject to any law to be made by Parliament” in Article 324 (2) was representative of the need for Parliament to legislate on this matter.
• It ruled that the appointment of the Chief Election Commissioner and the Election Commissioners shall be made by the President on the advice of a committee consisting of -
• the Prime Minister
• the Leader of the Opposition of the Lok Sabha (in case no Leader of the Opposition is available, the leader of the largest opposition Party in the Lok Sabha in terms of numerical strength) and
• the Chief Justice of India
• Meanwhile, Parliament is free to enact a law on the appointment process in the future.
• The Union government introduced, The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, outlining the procedure for appointing Election Commissioners which was passed by Parliament in December 2023 and also received President assent.
• It establishes a committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and a Cabinet Minister nominated by the PM.
• The selection will be made from five names shortlisted by a screening panel headed by the Law Minister and comprising two Union secretaries.

Key concern:

• According to the Supreme Court, the Selection Committee should comprise the Prime Minister, the Chief Justice of India, and the Leader of Opposition in Lok Sabha. 
• But the Selection Committee actually consists of the Prime Minister, a Cabinet Minister, and the Leader of Opposition in Lok Sabha.
• The composition of the committee is criticized. The proposed committee’s composition effectively sidelines the Leader of Opposition, who could be consistently outvoted by the Prime Minister and the Union minister.

The potential contribution of Election Commission in strengthening electoral integrity -

Suggestions made by various Commissions/Courts for composition of the Selection Committee:

Way Forward:

• The government ought to assess the Selection Committee's composition and think about improving its balance.
• The government should include impartial specialists, lawyers, and representatives of civil society either as observers on the Selection Committee or as members of the Search Committee to increase the legitimacy of the process.

Related News: The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023