Arun Goel Resigns: Know How Election Commissioners Are Appointed

Arun Goel Resigns: The Chief Election Commissioner (CEC) and Election Commissioners (ECs) are appointed by a panel comprising the President. Know key details.

Election Commissioner Arun Goel has tendered his resignation just days before the anticipated announcement of the schedule for the 2024 Lok Sabha elections. Goel, whose tenure was set to continue until December 2027, stepped down from his position for reasons not immediately disclosed. President Droupadi Murmu has accepted his resignation, according to a notification issued by the law ministry.

Appointment And Tenure of Election Commissioners

Under the provisions outlined by the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023, the Chief Election Commissioner (CEC) and Election Commissioners (ECs) are appointed by a panel comprising the President upon the recommendation of a Selection Committee. This Committee, chaired by the Prime Minister, also includes the Leader of the Opposition in the House of the People (Lok Sabha) and a Union Cabinet Minister nominated by the Prime Minister.

For the selection process, a Search Committee headed by the Cabinet Secretary will suggest five names to the Selection Committee. The search committee is headed by the law minister and comprises two union secretaries who shortlist five names. "The Selection Committee may consider any person other than those suggested by the Search Committee," as per the Act.

The Eligibility criteria include that the CEC and ECs must: (i) be persons of integrity, (ii) have knowledge and experience in the management and conduct of elections, and (iii) be or have been Secretary (or equivalent) to the government.

According to this Act, the CEC and ECs hold office for a term of six years or until they reach the age of 65, whichever comes earlier. They are entitled to the same status, salary, and perks as Judges of the Supreme Court of India. The Act also stipulates that the removal of the Chief Election Commissioner can be carried out in a manner similar to that of a judge of the Supreme Court.

Previously, the opposition has criticised the Modi government for allegedly disregarding the top court's order by omitting the CJI from the selection panel.

Supreme Court Agreed To Examine CECs, ECs Appointment Act

The Supreme Court, in January, agreed to examine challenges to the new law that excludes the Chief Justice of India (CJI) from the panel responsible for appointing the Chief Election Commissioner and Election Commissioners. However, the court refused to stay the law at the time.

Following petitions challenging the new law, a bench comprising Justices Sanjiv Khanna and Dipankar Datta issued notice to the Centre, seeking its response by April 2024. Senior Advocate Vikas Singh, representing Congress leader Jaya Thakur, argued against the law, contending that it violated the principle of separation of powers, news agency PTI reported.

Despite the plea for a stay on the law, the bench directed Singh to serve a copy of the petition to the Centre's counsel and instructed the Centre to file its response. Justice Khanna clarified that a stay would not be possible at the moment.

In March last year, the apex court had determined that the appointment of the CEC and ECs would be carried out by the President based on the advice of a panel consisting of the Prime Minister, the Leader of Opposition, and the Chief Justice of India. However, the court's guidelines remain in effect until Parliament enacts a law under Article 324(2) of the Constitution.