28th February 2025 (11 Topics)
A process where free and fair elections will be a casualty
Context
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was enacted by Parliament following a Supreme Court order in March 2023, which mandated the formation of a high-power committee for the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). However, the composition of the selection committee has been challenged for not fully adhering to the Court's directions, raising concerns about impartiality in the process.
Background of the Law
- Supreme Court Directive: In March 2023, the Supreme Court directed that the CEC and ECs be appointed by a high-power committee consisting of the Prime Minister, the Leader of Opposition (LoP), and the Chief Justice of India (CJI).
- Government’s Response: The government responded by enacting the law, but replaced the CJI with a cabinet minister nominated by the Prime Minister in the selection committee.
- Current Status: The new law has been challenged in court, arguing that it violates the spirit of the Supreme Court's order regarding an impartial selection process.
Issues with the Composition of the Selection Committee
- Majority in Favor of the Government: The law creates a majority within the committee, with the Prime Minister and the cabinet minister likely always supporting the government’s choice, which undermines impartiality.
- Lack of Objectivity: The committee composition prevents an objective assessment of candidates, as the outcome can be predicted beforehand due to the government-backed majority.
- Nomination of Cabinet Minister: The Prime Minister nominates the cabinet minister, leading to a lack of independence in the selection committee, compromising the committee's capacity to make unbiased decisions.
Implications for the Electoral Process
- Concerns About Fairness: The law’s provisions may violate Article 14 of the Constitution by ensuring that only government-favored candidates are appointed, thus affecting fairness.
- Impact on Free and Fair Elections: The selection of the CEC and ECs is crucial to ensuring free and fair elections, a key component of the Constitution’s basic structure.
- Need for Constitutional Review: The law’s lack of fairness and objectivity in appointing election commissioners is constitutionally unsustainable and warrants judicial scrutiny.
Practice Question:
Q. Critically examine the constitutional issues surrounding the recent law on the appointment of the Chief Election Commissioner and other Election Commissioners. How does the composition of the selection committee affect the impartiality of the electoral process?
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