Polity & Governance | GS II
Chief Election Commissioner (CEC) Gyanesh Kumar came under scrutiny following an expose reporting that the other two Election Commissioners (Sukhbir Singh Sandhu and Vivek Joshi) had formally recorded objections at least 14 times over 10 months. Opposition parties called for the removal and resignation of the CEC.
What is the constitutional position of the Election Commission?
- Article 324 vests the superintendence, direction and control of elections to Parliament, State Legislatures and the offices of President and Vice-President in the Election Commission of India (ECI).
- The ECI consists of:
- Appointment: Under Article 324(2):
- Removal: Under Article 324(5), the CEC can be removed in the same manner and on the same grounds as a Judge of the Supreme Court.
- This phrase became important because, for several decades, Parliament had not enacted a law specifically laying down the appointment mechanism.
How did the appointment of CEC and EC evolve over time?
- For several decades, there was no parliamentary law prescribing a detailed selection mechanism for appointing the CEC and ECs.
- Consequently, appointments were made by the President on the aid and advice of the executive, under the prevailing constitutional and governmental framework.
- This raised an institutional question:
- This issue reached the Supreme Court in Anoop Baranwal v. Union of India (2023).
- In March 2023, a Constitution Bench held that Article 324(2) contemplated Parliamentary legislation regulating appointments to the ECI.
- Until Parliament enacted such a law, the Court prescribed an interim selection mechanism consisting of:
- The arrangement was expressly intended to operate until Parliament made a law on the subject.
- Parliament subsequently enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 which came into force in 2024 and created the framework for:
- The appointment process has two stages.
- The 2023 Act therefore replaced the Chief Justice of India in the selection committee with a Union Cabinet Minister nominated by the Prime Minister.
- This composition is at the centre of the present constitutional challenge.
- The 2023 Act reiterated the similar removal process for CEC and EC’s under 324(5)
- Arrest of CEC: Section 16 of the 2023 Act protects current or former CECs and ECs from civil or criminal proceedings for actions done in the discharge of official duties.
Why is ECI independence constitutionally important?
- The ECI is not an ordinary executive department.
- It performs functions that directly affect:
- Therefore, its institutional credibility depends upon:
- Independence + neutrality + transparency + accountability
- A weak appointment mechanism can raise questions about independence even when strong removal safeguards exist.
Conclusion:
The constitutional design seeks to protect the Election Commission from arbitrary interference while allowing Parliament to determine its institutional framework through law. The ongoing challenge to the 2023 Act therefore centres on how appointment, accountability and institutional independence can be balanced within the constitutional scheme.