Stories
CEC-EC Appointment Law: Where Was Opposition During Passage?
- •The Election Commission faces renewed criticism over its independence and the appointment process of its members, following an Indian Express report alleging objections from two Election Commissioners.
- •The controversy stems from the December 2023 law that changed the selection committee for the Chief Election Commissioner and other Election Commissioners, replacing the Chief Justice of India with a Union Cabinet minister.
- •The new selection committee comprises the Prime Minister, the Leader of Opposition, and a Union Cabinet minister nominated by the Prime Minister, giving the executive two out of three members.
- •Opposition parties raised objections in the Rajya Sabha, but the Bill passed in the Lok Sabha amidst mass suspensions of opposition MPs following a security breach, with only one opposition MP speaking against it.
- •The 2023 law is now facing a constitutional challenge in the Supreme Court, with questions raised about the executive's dominant role in the selection process and the perceived independence of the Election Commission.
Key Questions Answered
The 2023 law establishes a three-member selection committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and a Union Cabinet minister nominated by the Prime Minister. This committee recommends candidates, and the President formally makes the appointments.
In March 2023, the Supreme Court ruled that appointments would be made based on recommendations from a committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI). This arrangement served as an interim measure until Parliament enacted its own law.
The Bill was passed during a period of massive parliamentary disruption and security breaches, which led to the unprecedented suspension of 146 MPs across both Houses, including 100 from the Lok Sabha. With most opposition MPs suspended, the legislation was pushed through by voice vote after a brief debate.
