The name of the new Chief Election Commissioner will be finalised today, know how the CEC is appointed? Understand the whole process

Election Commission of India.

Earlier the appointment of the Chief Election Commissioner was based on seniority. The new Chief Election Commissioner was appointed only on the recommendation of the retiring Chief Election Commissioner, but now under the new statutory provisions the selection committee will select the new Election Commissioner by majority or unanimously.

New Delhi : Chief Election Commissioner (CEC) Rajiv Kumar is retiring on February 18. He held this post for more than two and a half years. In such a situation, a selection committee meeting is to be held on February 17 under the chairmanship of Prime Minister Narendra Modi in search of a new Chief Election Commissioner. In such a situation, it is important to know how the Election Commissioner is appointed.

In fact, the three-member selection board set up for the appointment of Election Commissioners and Chief Commissioner will include the Prime Minister, Union Minister nominated as the Prime Minister’s nominated representative and Leader of Opposition in Lok Sabha Rahul Gandhi. Earlier, the appointment of the Chief Election Commissioner was based on seniority. The new Chief Election Commissioner was appointed only on the recommendation of the retiring Chief Election Commissioner, but now under the new statutory provisions, the selection committee will select the new Election Commissioner or Chief Election Commissioner by majority or unanimously. Now let us know what is the complete process of this selection process!

Article 324 of the Constitution mentions the Election Commission. There is a Central Election Commission in the country, then there are State Election Commissions for every state. There is also a Chief Election Commissioner in these. The Election Commission is the institution responsible for the elections of Lok Sabha, Rajya Sabha, Assembly, President and Vice President. The highest officer is the Chief Election Commissioner (CEC) and under him there are Election Commissioners (EC). After the announcement of Lok Sabha elections or Assembly elections, the code of conduct comes into force and then the responsibility of the entire administrative machinery comes into the hands of the Election Commission. From transfer to posting, everything is done on the orders of the Election Commission. The Governor appoints the Election Commissioner in the state.

How is the appointment done

The appointment of CEC and EC is done under the provisions of the (Appointment, Conditions of Service and Term of Office) Act 2023. This Act is done under the provisions of 2023. This Act has replaced the old Election Commission (Conditions of Service and Conduct of Business of Election Commissioners) Act 1991. The Election Commission earlier had only one Chief Election Commissioner, but at present it has two Election Commissioners along with one Chief Election Commissioner.

Now know the whole process

A new law has come into force on the appointment of CEC and EC. According to the new law, first of all it is the responsibility of the Ministry of Law to shortlist the candidates for the appointment of Chief Election Commissioner or Election Commissioner. It will send this name to a three-member committee headed by the Prime Minister. The selection committee has the right to recommend the name of the shortlisted candidate or any other candidate apart from him. The selection committee will send the name of its recommendation to the President. After that the President will put the final seal on the name of this candidate and the notification will be issued. Later, the appointed CEC or EC will take oath in the Election Commission and start its work. The selection committee is headed by the Prime Minister. The Leader of the Opposition in the Lok Sabha and the Union Minister nominated by the PM are included as members.

Who was in the panel of the first selection committee?

Earlier, the Chief Justice of the Supreme Court (CJI) was also included in the selection committee. But a new law has been brought by the Central Government in December 2023. According to this, a Union Minister has been placed in the panel in place of the CJI. Earlier, the Election Commissioners were appointed by the President on the recommendation of the government and as per tradition, the most senior officer was appointed as the CEC.

What is the tenure of CEC and EC?

The tenure of the Chief Election Commissioner and both Election Commissioners is for 6 years. The retirement age of the CEC is 65 years and that of the Election Commissioners is 62 years.

The Election Commission consists of the Chief Election Commissioner (CEC) and two Additional Election Commissioners (ECs) appointed by the President of India under the provisions of Article 324 of the Constitution. The President appoints the CEC and other ECs on the basis of the recommendations of the selection committee. The Election Commission of India was constituted in 1950. From then till October 15, 1989, the Commission was a single-member body consisting of only the Chief Election Commissioner.

Then from October 16, 1989 to January 1, 1990, it was a three-member body. During this period, RVS Shastri as Chief Election Commissioner, SS Dhanoa and VS Sehgal as Election Commissioners were the three members of the Commission. From January 2, 1990 to September 30, 1993, it again became a single-member body and once again from October 1, 1993, it became a three-member body. Since then, the Election Commission of India has three members including the CEC and 2 ECs.