Government Defends New Appointment Process for Election Commissioners
NEW DELHI: The Indian government has defended its recent decision to exclude the Chief Justice of India (CJI) from the panel responsible for appointing the Chief Election Commissioner (CEC) and other Election Commissioners. According to the government, the Constitution does not require judicial representation on this appointment committee, and including a member from the judiciary is a choice made by lawmakers rather than a constitutional necessity.
In 2023, a five-judge bench of the Supreme Court had temporarily ruled that the appointment process should involve the Prime Minister, the CJI, and the leader of the opposition until new legislation could be established. Following this, Parliament passed the CEC and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, which now designates the Prime Minister, a cabinet minister, and the leader of the opposition as the members of the appointment committee. The legality of this law is currently being examined by the Supreme Court.
In its affidavit, the government addressed concerns that removing the CJI from the appointment panel could undermine the independence of the Election Commission (EC). It argued that the law passed by Parliament is valid and noted that, historically, elections have remained “free and fair” even when appointments were made solely by the executive branch. The affidavit pointed out that all previous CECs and Election Commissioners were appointed by the executive, and claims of a relationship between executive authority and independence are speculative.
The government stated, “There is no constitutional requirement to have members of the judiciary in the selection committee. Thus, suggesting that the committee created by Parliament is biased is unfounded.” It emphasized that the issue isn’t about what the appointment procedure should be, but rather if the Supreme Court has the authority to review Parliament’s chosen method.
Furthermore, the affidavit rejected allegations that the presence of senior government officials in the selection committee indicates bias. It reiterated that such officials should be presumed to act fairly and in the public interest.
The government labeled the 2023 law as a “significant improvement” over the previous system, claiming it offers a more democratic and inclusive way to appoint election commissioners, aligning with the spirit of the Constitution.
It concluded by stating that, to date, no questions have been raised regarding the qualifications of any election commissioner appointed through this method, and attempts to provoke political controversy over the law are unwarranted.
