Current Appointment Procedure of Election Commission of India (ECI)

• Constitutional Provision: Article 324(2) provides for CEC and ECs to be appointed by the President, subject to any law made by Parliament.
• Statutory Provision: The CEC and Other Election Commissioners Act, 2023 (replaced the 1991 Act), enacted in response to the Supreme Court’s 2023 Anoop Baranwal judgment (which had mandated a selection panel of PM, LoP, and CJI until Parliament legislated). 
  • Process includes:
    • Search Committee (headed by Cabinet Secretary) prepares a panel of 5 eligible candidates.
    • Selection Committee recommends one name to the President.
      • Selection Committee consists of Prime Minister (Chair), One Union Cabinet Minister & Leader of Opposition (or leader of largest opposition party in Lok Sabha).
  • Eligibility: Persons who hold/have held a post equivalent to Secretary to the Government of India.

Concerns Regarding the Appointment Procedure

• Executive Dominance: Government enjoys 2:1 majority in Selection Committee (PM + Cabinet Minister vs LoP).
• Search Committee Bypass: Selection Committee can ignore the shortlisted panel and pick “any other person”.
• Appointments despite vacancies: Appointments allowed even if Selection Committee has vacancies, enabling ruling party dominance.
• Other: Bureaucratic Monopoly (Only Secretary-rank officers eligible); Status Downgrade (Salaries and conditions aligned with Cabinet Secretary, not Supreme Court judge level).