'Greatest Headache': Constituent Assembly On Appointing Election Commission, Pg18

Key Highlights:

• During the Constituent Assembly debates in 1949, members like Shibban Lal Saxena and H.N. Kunzru raised concerns about executive influence in appointing Election Commissioners, fearing partisan choices.
• Article 324 of the Constitution established the Election Commission of India (ECI) and vested appointment power in the President, subject to parliamentary law, but Parliament did not legislate on the process for 74 years.
• In March 2023, the Supreme Court in Anoop Baranwal v. Union of India mandated a selection committee comprising the Prime Minister, Leader of the Opposition, and the Chief Justice of India for appointments, until Parliament enacted a law.
• Parliament subsequently passed the Chief Election Commissioner and Other Election Commissioners Act, 2023, replacing the Chief Justice of India with a Union Cabinet Minister in the selection committee.

Detailed Insights:

• The Constituent Assembly members debated extensively on safeguarding the independence of the ECI, recognizing it as crucial for free and fair elections.
• Shibban Lal Saxena proposed requiring a two-thirds parliamentary majority for appointments to prevent a single party from dominating the selection.
• Dr. B.R. Ambedkar acknowledged the appointment mechanism as a "greatest headache" for the Drafting Committee, considering but rejecting the American model of Senate confirmation.
• The Supreme Court ruling in Anoop Baranwal v. Union of India aimed to fill a legislative vacuum, emphasizing the need for an independent selection process to protect democratic principles.
• The Chief Election Commissioner and Other Election Commissioners Act, 2023, has been criticized for potentially undermining the perceived independence of the ECI by giving the executive a majority in the selection committee.
• The Act also changed the salary and conditions of service for the CEC and ECs to be equivalent to that of a Cabinet Secretary, rather than a Supreme Court Judge as previously.

Key Concepts Involved:

• Constituent Assembly: The body that drafted the Constitution of India, deliberating on fundamental aspects of governance.
• Election Commission of India (ECI): A permanent and independent constitutional body responsible for administering elections in India.
• Article 324: Constitutional provision vesting the superintendence, direction, and control of elections in the ECI.
• Anoop Baranwal v. Union of India: A landmark 2023 Supreme Court judgment that established an interim selection process for Election Commissioners.
• Chief Election Commissioner and Other Election Commissioners Act, 2023: A parliamentary law that formalized the appointment process for Election Commissioners, replacing the Supreme Court's interim mechanism.