Minister for Law and Justice, Shri Kiren Rijiju informed Rajya Sabha that there is no plan to enact a specific legislation for appointment of Election Commissioners and the Chief Election Commissioner as of now.
He replied to an Unstarred Question related to whether Government has any plans to enact a law for the appointment of Election Commissioners (ECs) and the Chief Election Commissioner (CEC) that will ensure the integrity of the Election Commission of India for the conduct of free and fair elections.
The Minister pointed that no specific law has been made by the Parliament as envisaged under Article 324 (2) of the Constitution of India for appointment of Chief Election Commissioner and the Election Commissioners.
According to Rule 8 of the Government of India (Transaction of Business) Rules, 1961 read with Sl. No. 22 of the Third Schedule to the said Rules, appointment of the Chief Election Commissioner and other Election Commissioners requires the approval of the Prime Minister and the President.
Recentlty, the Supreme Court of India in its judgment, held that until the Parliament makes a law in consonance with Article 342(2) of the Constitution the appointment of the Chief Election Commissioner and the Election Commissioners shall be made on the recommendations made by a three-member Committee comprising the Prime Minister, Leader of the Opposition of the Lok Sabha and in case no Leader of Opposition is available, the Leader of the largest opposition party in the Lok Sabha in terms of numerical strength and the Chief Justice of India.
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