The new process for picking Election Commissioners, what led to it

• The present Election Commissioner of India is set to retire soon.
• His successor will be chosen through a consultative process for the first time.

Committee Composition and Selection Process for Election Commissioner

• The selection will be made by a committee including the Prime Minister, Lok Sabha Leader of Opposition, and a Union minister.
  • Similar committee previously appointed the Lokpal and Central Vigilance Commissioner.
• The two other members of the Commission are Chief Election Commissioner Rajiv Kumar and Arun Goel.
• Selection will be from five names shortlisted by a screening panel.
• Past appointments were made solely at the government's discretion.

Supreme Court’s Intervention in the Selection Process for Election Commissioners

• Four petitions were filed before the Supreme Court urging fair and transparent selection process.
• The Supreme Court referred the matter to the Constitution bench for interpretation of Article 324.
• The Centre opposed Supreme Court intervention in appointments.
• Government argued the President has constitutional power to appoint Election Commissioners without a law from Parliament.
• Government maintained existing procedure had been consistently relied upon.

Supreme Court’s Ruling

• The Supreme Court ruling on March 2, 2023, laid down a process for appointment.
• Appointments were to be made by the President on advice of a Committee comprising the PM, Leader of Opposition, and Chief Justice of India.
• Norms in ruling were subject to any future law by Parliament.

Historical Context and Prior Proposals

• The past committees and Law Commission reports also made recommendations in this regard.
• Previous recommendations emphasized the need for a consultative process involving key stakeholders.

Parliamentary Response and Passing of Bill

• The Centre Government introduced a Bill in August outlining appointment procedure.
• Bill passed in December, 2023 establishes a committee with the PM, Leader of Opposition, and nominated Cabinet Minister.
• Composition in the bill was criticised for potentially undermining the Election Commission's independence.

Conclusion

• The bill passed by Parliament and assented by the President marks a significant change in the Election Commission appointment process.
• Controversy surrounding the committee's composition raises questions about its impact on the Commission's autonomy.