For Constituting Poll Body, a Lesson From the UN: CEC Selection

Source: Original editorial ↗ The Indian Express

The Lift Line

“Complete trust is, of course, the ideal, but given its somewhat utopian likelihood, removing distrust is, perhaps, the best option.”

Why This Editorial Matters for Your Exam

Manjeev Singh Puri, former Indian ambassador to the European Union and Nepal, writes in The Indian Express (posted 2 October 2026) after two developments: The Indian Express’s reporting on actions of the CEC and senior officials that appeared to undermine the right to vote, which other Election Commissioners had objected to, and the split verdict of 23 September on the 2023 appointments law, discussed in today’s Hindu lead. He proposes a consensus-based selection modelled on the UN.

GS Paper 2: Appointment to various constitutional posts; constitutional bodies; important international institutions.

Background and Context

Arrangement	Who selects	How
Before 2023	Government	President appoints on the advice of the Council of Ministers
Anoop Baranwal (March 2023)	PM, Leader of the Opposition, CJI	Interim, until a law is made
2023 Act	PM, Leader of the Opposition, a Union Cabinet Minister nominated by the PM	Majority decision; a search committee headed by the Law Minister prepares a panel of five

A correction to note. The column says the Cabinet Secretary was to prepare the shortlist. That was in the Bill as introduced in 2023; the Act as passed gives the search committee to the Minister of Law and Justice with two Secretary-level members.

The UN parallel. Under Article 97 of the UN Charter, the General Assembly appoints the Secretary-General on the Security Council’s recommendation. Because the recommendation is a substantive decision, any of the five permanent members can veto a candidate. The next Secretary-General is being selected now, as António Guterres’s second term ends on 31 December 2026.

The Analysis

1. A constitutional vacuum, then a loaded fix. For about 75 years the executive filled the gap left by Article 324. The 2023 Act ended the vacuum but, the writer argues, the Cabinet Minister is unlikely to differ from the PM.

2. Bipartisanship as the core ingredient. Not just a bipartisan committee, but outcomes that reflect agreement.

3. Remove distrust, not seek perfection. The UN process sometimes yields a candidate who is not the most qualified, but one no permanent member distrusts. That is the right test for the ECI.

4. Seniority and the CJI. A committee headed by the CJI, with a Cabinet Minister and the Leader of the Opposition, would respect the warrant of precedence and avoid outvoting the PM.

5. A better shortlist. The search for names should reach beyond top bureaucrats to people not seen as close to the political leadership.

Data and Institutions Vault

Prelims-grade facts:

The Election Commission:

• Article 324(2): the President appoints the CEC and ECs, subject to any law of Parliament.
• Article 324(5): the CEC can be removed only like a Supreme Court judge; ECs on the CEC’s recommendation.
• 2023 Act: selection by PM, LoP (or leader of the largest Opposition party) and a Cabinet Minister; Law Minister-led search committee.
• The ECI became a multi-member body in 1989 briefly and permanently from 1993.

The UN:

• Article 97, UN Charter: Secretary-General appointed by the General Assembly on the Security Council’s recommendation.
• António Guterres’ second term ends 31 December 2026.

⚠️ Watch the trap: In India’s Table of Precedence, the Chief Justice of India ranks above Union Cabinet Ministers; the Speaker of the Lok Sabha shares the CJI’s rank.

The Debate

For the writer’s view. Consensus produces commissioners both sides can accept, which is what elections need.

The other side. Consensus rules risk deadlock; a CJI on an executive panel can compromise the Court when appointments are challenged.

The balanced verdict. Require the Opposition’s concurrence or recorded reasons, with a time limit and a fallback, and publish criteria and shortlists.

How to Think About This

Design for distrust. Institutions in polarised times work when both sides can live with the outcome. When evaluating any appointment process, ask whether the losing side would accept it.

Diagram-in-Words

Takeaway Box

• Thesis: choose ECs by bipartisan consensus, UN-style.
• Proposal: CJI-led committee with a Cabinet Minister and the LoP.
• Law: Article 324(2); Anoop Baranwal (2023); 2023 Act (PM, LoP, Cabinet Minister).
• UN: Article 97 of the Charter; P-5 can veto a Secretary-General candidate.

Sources: The Indian Express, CEC and Other ECs Act, 2023 (SC Observer), UN Charter

Source: For Constituting Poll Body, a Lesson From the UN: CEC Selection — Ujiyari.com | Free UPSC & State PCS Editorial Analysis

Key Arguments at a Glance

Manjeev Singh Puri argues that trust in India’s electoral machinery needs Election Commissioners chosen through bipartisan agreement, borrowing the UN Security Council’s practice for selecting a Secretary-General, where no permanent member must object, and suggests a selection committee headed by the Chief Justice.

✓ Supporting

• Article 324 leaves the method of appointing the CEC and ECs to Parliament; for about 75 years the executive appointed them alone, until the Supreme Court’s March 2023 judgment created an interim panel of the PM, the Leader of the Opposition and the CJI.
• The 2023 law replaced the CJI with a Cabinet Minister and decides by majority, so the committee is loaded in the government’s favour, the writer says; a judge in the September 2026 split verdict also stressed that the executive cannot have exclusive power.
• At the UN, a Secretary-General candidate must not be vetoed by any of the five permanent members, so the winner is someone none of them distrusts; removing distrust is a realistic goal where complete trust is not.
• A committee headed by the CJI, with a Cabinet Minister and the Leader of the Opposition, respects seniority, since the CJI outranks Cabinet Ministers in the warrant of precedence, and avoids the PM being outvoted.

⚠ Counter

Ujiyari’s note, not in the column: critics of consensus rules argue they can produce deadlock and vacancies, as UN selections sometimes show, and that placing the CJI on an executive appointment panel strains the separation of powers and could embarrass the Court when appointments are challenged before it.

→ Way Forward

The writer wants a CJI-led committee that seeks consensus and a shortlist of senior officials who are not seen as close to the political leadership. Ujiyari’s synthesis: a statutory requirement that the Leader of the Opposition concur or record reasons, a time limit with a fallback rule, published shortlists and criteria, and security of tenure and removal protections for ECs on par with the CEC.