Election Commission Of INDIA

🔘 *About Election Commission of India & Legal impact of the above case: -

- Parliament came up with the *Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023*, which outlines the procedures for appointing the *Chief Election Commissioner (CEC)* and *Election Commissioners (EC)*.

- The CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee.

- The Selection Committee will consist of the *Prime Minister, a Union Cabinet Minister, and the Leader of Opposition/leader of the largest opposition party in Lok Sabha*.

- Recommendations of the Selection Committee will be valid even when there is a vacancy in this Committee.

- A *Search Committee* headed by the Cabinet Secretary will propose a panel of names to the Selection Committee.

- Eligibility for the posts includes holding (or having held) a post equivalent to the Secretary to the central government.

- The Constitution of India has established a permanent and independent body to ensure free and fair elections in the country known as the Election Commission.

- *Article 324* of The Constitution of India mentions the provisions to safeguard and ensure the independent and impartial functioning of the Election Commission.

- Currently *Rajiv Kumar* is the Chief Election Commissioner of India.

*Recent Constitution Case Law*

🔘 *_Anoop Baranwal v. Union of India_*

- Recently Constitution Bench of the Supreme Court has ordered that Election Commissioners will be appointed by the President of India on the advice of a Committee consisting of the Prime Minister, and leader of Opposition in the Lok Sabha (or leader of largest opposition party), and the Chief Justice of India.

- This practice will be enforced until a law in this regard is made by the Parliament, Justice KM Joseph reading out the judgment said.

- A Constitution Bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar was deciding a batch of petitions recommending reform in the process of appointment of members of the Election Commission of India.

This article written by Akansha Koshta.