Syllabus: GS-II
Subject: Polity
Topic: Constitutional Bodies.
Issue: Appointment of CEC’s & EC’s.
Context: The Supreme Court refused to grant interim stay on a new law regarding the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
Synopsis:
- The petitions challenged the constitutional validity of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
- Which states that CEC and ECs shall be appointed by the President based on recommendations from a Selection Committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
- The court declined to stay on grounds of violating Article 14 and the basic features of the Constitution.
| How are the CEC and ECs currently appointed? |
| Appointment of CEC and ECs:
Article 324 establishes the Election Commission and grants it authority over elections. ·        Appointment Process: The President appoints the CEC and ECs based on the advice of the Union Council of Ministers led by the        Prime Minister. Powers of the Election Commission: ·        The Constitution grants the Election Commission broad powers without specifying details. ·        Parliament has enacted laws like The Representation of the People Act, 1950, and The Representation of the People        Act, 1951, to define and expand the Commission’s powers.
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