Who appoints the Chief Election Commissioner of India?

Explanation

Article 324 gives the Election Commission superintendence, direction and control over the preparation of electoral rolls and the conduct of elections to Parliament, state legislatures, and the offices of President and Vice-President. Clause (2) provides that the Commission consists of the Chief Election Commissioner and such number of other Election Commissioners as the President may fix from time to time. It also provides that, subject to any law made by Parliament, the President appoints the Chief Election Commissioner and the other Election Commissioners. Thus, the President—not the Prime Minister or the Chief Justice of India—is the appointing authority. In the 2023 Anoop Baranwal case, the Supreme Court directed that the selection committee include the Prime Minister, the Leader of Opposition and the Chief Justice of India. Parliament later passed the CEC Appointment Act, 2023, which replaced the Chief Justice of India on the selection committee with a Cabinet Minister nominated by the Prime Minister. The Act has been challenged in court.

Why the other options are wrong

• (A) The selection committee comprising the Prime Minister, the Leader of Opposition and the Chief Justice of India came from the 2023 Anoop Baranwal direction. It was not the appointing authority under Article 324(2), and the later 2023 Act replaced the Chief Justice of India on that committee.
• (B) Under the later statutory framework, the Prime Minister participates in the selection process but does not make the appointment alone. Article 324(2) provides that the President appoints the Chief Election Commissioner.
• (D) The Chief Justice of India was a member of the selection committee directed in the Anoop Baranwal case, but was not the appointing authority under Article 324(2). The later 2023 Act replaced the Chief Justice of India on that committee.

Concept

This question tests the distinction between the Election Commission's constitutional status and its appointment process. Article 324 and constitutional appointment powers recur in the RAS examination because election administration brings together the Commission's independence, appointment and control with recent judicial and statutory developments.

Source

• Government of India, Ministry of Law and Justice, Legislative Department - The Constitution of India

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