How Is Chief Election Commissioner Appointed? CEC Act Explained As Panel To Name Rajiv Kumar's Successor

The panel to elect the next CEC will consist of PM Modi, the Leader of the Opposition in Lok Sabha Rahul Gandhi, Home Minister Amit Shah and Union Law Minister Arjun Ram Meghwal.

A selection committee headed by PM Modi is set to meet in New Delhi on Monday to finalise the next CEC.

Source : PTI

Prime Minister Narendra Modi, Union Home Amit Shah and Leader of Opposition Rahul Gandhi will meet on Monday to appoint the next Chief Election Commissioner (CEC).

The meeting of the selection panel to choose the next CEC comes after Rajiv Kumar, who is currently serving as the head of the poll body, is set to retire on February 18 (Tuesday). 

This is the first time a selection panel has been set to appoint the head of the country's election body. The new CEC will oversee the conduct of the Bihar Assembly Elections and others, including Bengal and Tamil Nadu next year. 

How Is The Chief Election Commissioner Appointed?

The Election Commission (EC) is a three-member body made up of one Chief Election Commissioner (CEC) and two Election Commissioners. 

A selection committee headed by Prime Minister Narendra Modi is tasked to finalise the name of the next chief election commissioner.

The panel will consist of PM Modi, the Leader of the Opposition in Lok Sabha Rahul Gandhi, Home Minister Amit Shah and Union Law Minister Arjun Ram Meghwal. The attendees are set to meet at the prime minister's official residence on Monday ahead of Rajiv Kumar's retirement.

The panel will recommend a name from among the candidates shortlisted by a search committee. The president will then appoint the next CEC based on the recommendation.

What Has Changed In The Appointment Process Of Election Commissioners?

The EC is a three-member body composed of one CEC and two ECs as mentioned earlier. Though all three election commissioners used to be equal, the CEC was the first among the equals.

Traditionally, the senior-most election commissioner (EC) used to be elevated as CEC following the retirement of the incumbent. There was no law passed by the Parliament to govern the appointment of the CEC and ECs. The appointments were made by the President on the advice of the prime minister.  

However, the government passed the CEC and Other Election Commissioners Bill, 2023, which set the appointment of the CEC and ECs. According to the law, the CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee.   

A Search Committee headed by the Cabinet Secretary proposes a panel of names to the Selection Committee. The search committee shortlists the names of five secretary-level officers, who are eligible for the job.

The law also states that the CEC and other ECs will be appointed from among persons who are holding or have held a post equivalent to the rank of secretary to the government of India and will be persons of integrity with knowledge of and experience in management and conduct of elections. In other words, serving and retired secretary-level officials can be appointed as the CEC and ECs. 
 
The CEC and ECs are then appointed by the president on the recommendation of a selection committee headed by the prime minister and comprising the Lok Sabha opposition leader and a Union Cabinet minister to be nominated by the prime minister.