ELECTION COMMISSIONER

Feb. 15, 2019

Chairman of the Central Board of Direct Taxes (CBDT), Sushil Chandra, has been appointed as the new Election Commissioner. With his appointment, the Election Commission now has Sunil Arora as the Chief Election Commissioner and Ashok Lavasa and Sushil Chandra as fellow commissioners.

Appointment of Election Commissioners: Key Facts

View of Constitution:
- The power to appoint the CEC and the ECs lies with the President of India under Article 324(2) of the Constitution, which states that “the President shall fix the number of ECs in a manner he sees fit, subject to the provisions of any law made by Parliament”.
- Thus, Article 324(2) left it open for the Parliament to legislate on the issue.
Procedure: But, in the absence of any Parliamentary law governing the appointment issue, the ECs are appointed by the government of the day, without pursuing any consultation process. There is no concept of collegium and no involvement of the opposition.
Tenure: The Commissioners are appointed for a 6-year period, or up to the age of 65 years, whichever is earlier.
Qualification:
- There are no prescribed qualifications for their appointment, although convention dictates that only senior (serving or retired) civil servants, of the rank of the Cabinet Secretary or Secretary to the GoI or an equivalent rank, will be appointed.
- The Supreme Court in Bhagwati Prashad Dixit Ghorewala vs Rajiv Gandhi rejected the contention that the CEC should possess qualifications similar to that of a Supreme Court judge, despite being placed on par with them in terms of the removal process.