The Hindu Editorial Analysis
28 February 2025
A process where free and fair elections will be a casualty
(Source – The Hindu, International Edition – Page No. – 8)
Topic: GS 2: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these
Context
- The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 is criticized for favoring government-backed candidates.
Introduction
- This bill was enacted following a Supreme Court order in March 2023, which mandated a high-power committee for the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
- Historically, these appointments were made by the President of India based on the Prime Minister’s recommendations, raising concerns about impartiality.
Challenges to the New Law
- Change in Selection Committee: The bill replaces the Chief Justice of India (CJI) with a Cabinet Minister nominated by the Prime Minister in the selection committee.
- Legal Challenge: The composition of the selection panel has been challenged in court for violating Supreme Court directives.
- Search Committee Structure: A search committee led by the Law Minister and two senior bureaucrats will prepare a shortlist of candidates, but its findings lack transparency.
- Appointment Process: The senior-most EC is appointed as CEC by the Prime Minister and Home Minister, often disregarding dissent from the Leader of Opposition (LoP).
- Official Notifications: Appointments have been officially announced despite ongoing legal challenges.
Infirmities in the Selection Process
- Constitutional Mandate: The Election Commission of India (ECI) is constitutionally responsible for conducting free and fair elections.
- Judicial Affirmation: The Supreme Court has emphasized the ECI’s role in maintaining electoral integrity.
- Voter Scale: India has around 960 million voters, necessitating leaders of high integrity and competence in the ECI.
- Importance of Selection Process: The process for selecting ECI leaders must inspire public confidence and adhere to constitutional standards.
Flaws in the Selection Process
- Composition of the Committee: Chaired by the Prime Minister, with the LoP and a Cabinet Minister as members, creating a government majority.
- Presidential Role: The President is required to appoint the CEC and ECs based on the committee’s recommendations.
- Lack of Objectivity: The committee structure favors government candidates, undermining an impartial assessment of candidates.
- Absence of Independent Decision-Making: The nomination process lacks independence, as the Cabinet Minister is likely to align with the Prime Minister’s views.
- Predictability of Outcomes: The committee’s decisions can be anticipated, reducing the effectiveness of the selection process.
Implications
- Constitutional Concerns: The law is deemed constitutionally unsustainable due to its arbitrary committee composition.
- Bias in Selection: The structure promotes government favoritism, potentially violating Article 14 of the Constitution, which guarantees equality before the law.
Conclusion
- The selection of the CEC and ECs is crucial for ensuring free and fair elections, integral to the Constitution’s basic structure. If the selection committee consistently favors government-supported candidates, it undermines electoral integrity. The Supreme Court must rigorously evaluate this law to protect democratic principles.