Q. Discuss the process and procedure for the appointment of the Chief Election Commissioner of India and its functions, in brief.
Ans: The Chief Election Commissioner (CEC) is the head of the Election Commission of India (ECI), a constitutional body responsible for conducting free and fair elections in the country. The appointment and functioning of the CEC are governed by Article 324 of the Constitution and the Chief Election Commissioner and Other Election Commissioners Act, 2023.
Appointment Process of the CEC
- Appointing Authority: The President of India appoints the CEC.
- Selection Committee:
- As per the 2023 Act, the appointment is based on the recommendation of a three-member Selection Committee comprising:
- The Prime Minister
- A Union Cabinet Minister nominated by the PM
- The Leader of the Opposition in the Lok Sabha
- As per the 2023 Act, the appointment is based on the recommendation of a three-member Selection Committee comprising:
- Search Committee:
- A Search Committee, chaired by the Union Law Minister, shortlists candidates from among Secretary-level officers or equivalent.
- Eligibility:
- Candidates must be serving or retired officers who have held posts equivalent to Secretary to the Government of India.
- Tenure:
- The CEC holds office for six years or until the age of 65, whichever is earlier.
- Removal:
- The CEC can only be removed through a process similar to that of a Supreme Court judge, requiring a two-thirds majority in both Houses of Parliament.
Functions of the Chief Election Commissioner
- Conduct of Elections:
- Oversees elections to the Lok Sabha, Rajya Sabha, State Assemblies, and the offices of President and Vice-President.
- Electoral Roll Management:
- Supervises the preparation and revision of electoral rolls.
- Model Code of Conduct:
- Enforces the Model Code of Conduct during elections to ensure fair play.
- Recognition of Political Parties:
- Grants recognition and assigns symbols to political parties.
- Monitoring Campaigns:
- Regulates election campaigns, expenditure, and media coverage.
- Dispute Resolution:
- Acts as a quasi-judicial authority in matters related to elections and party recognition.
- Advisory Role:
- Advises the President and Governors on matters of disqualification of MPs and MLAs.
Conclusion: The CEC plays a crucial role in safeguarding democracy by ensuring that elections are conducted in a free, fair, and impartial manner. The revised appointment process aims to enhance transparency and accountability, though debates around executive dominance and judicial exclusion continue.