Former Andhra Pradesh Chief Minister and YSRCP chief YS Jagan Mohan Reddy has asked the Union government to revisit the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. He wants the law amended so that the Chief Justice of India (CJI) is once again part of the committee that appoints the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
What is the 2023 Act?
The 2023 Act sets the rules for how the top officials of the Election Commission of India (ECI) are selected, paid, and managed. Under this law, a Selection Committee recommends names to the President for appointment.
Current Selection Committee (as per 2023 Act):
- Prime Minister (Chairperson)
- Leader of Opposition in Lok Sabha (or leader of largest opposition party)
- A Union Cabinet Minister nominated by the Prime Minister
Before this law, the Supreme Court had said the committee should include the Prime Minister, Leader of Opposition, and Chief Justice of India. The 2023 Act replaced the CJI with a Union Cabinet Minister, giving the ruling government two out of three votes in the committee.
What is Jagan demanding?
Jagan says the 2023 law should be changed to restore the earlier system:
- Selection Committee should be: Prime Minister + Leader of Opposition + Chief Justice of India
He argues this will improve transparency and public trust in the Election Commission. He described the current system as similar to a “student appointing the examiner”, which can always raise doubts, even if the examiner is honest.
Why does this matter now?
Jagan’s comments come after media reports about differences between the CEC and other Election Commissioners over internal decisions and procedures. He also linked this to issues during the Special Intensive Revision (SIR) of electoral rolls and local body elections in Andhra Pradesh, where he alleged the ruling party misused its power and opposition objections were ignored.
His main point: in a democracy, transparency must not only exist but also appear to exist.
How the appointment process works now
Under the 2023 Act, the process has two main stages:
- Search Committee
- Headed by the Union Law Minister
- Prepares a panel of five eligible candidates for CEC/EC posts
- Selection Committee
- Prime Minister, Leader of Opposition, and a Union Cabinet Minister nominated by the PM
- Recommends names to the President of India, who makes the formal appointment
Critics say this gives the executive a 2:1 majority in the Selection Committee, which can affect the perceived independence of the ECI.
What change is being proposed?
Jagan and several critics want:
- CJI back in the Selection Committee (PM + LoP + CJI)
- This was the arrangement the Supreme Court had outlined before Parliament passed the 2023 law
They believe this will:
- Reduce fears of executive control
- Strengthen public confidence in free and fair elections
Why this is important for voters
The Election Commission manages:
- Voter lists and electoral rolls
- Conduct of Lok Sabha, Assembly, and local body elections
- Enforcement of the Model Code of Conduct
If people doubt the neutrality of the ECI, it can weaken trust in the entire electoral system. Jagan’s demand is framed as a way to protect every citizen’s right to vote without fear and to make the system look and feel more independent.
