Will Modi govt pitch for a woman Election Commissioner?

New Delhi: The Election Commission of India may soon get the first woman Election Commissioner to fill the vacancy following the retirement of Anup Chandra Pandey.

In the history of ECI, the late V S Ramadevi was the only woman to hold the post of Chief Election Commissioner for 16 days from 26 November 1990 to 11 December 1990.

Pandey demitted office last week on February 14, creating a vacancy in the three-member Election Commission.

In the corridors of power, speculation abounds regarding the potential appointment of the first full-time woman Election Commissioner. Observers view this development as a significant stride towards women's empowerment under the Modi government.

Last year, the parliament enacted the Women Reservation Act titled “Nari Shakti Vandan Adhiniyam” which will reserve 33% of seats for women lawmakers in the parliament and state assembly after the implementation.

The appointment of the new Election Commissioner is expected to be made soon as the Election Commission (EC) is likely to announce the schedule for the 2024 Lok Sabha polls by the second week of March.

According to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, a search committee headed by the law minister and comprising two Union secretaries short-list five candidates for the consideration of the prime minister-led selection committee.

The Union home secretary and the secretary of the Department of Personnel and Training have been named as its members.

The Congress leader in the Lok Sabha, Adhir Ranjan Chowdhury, and a Union minister nominated by the prime minister are part of the selection committee.

The selection panel has the power to consider even those not short-listed by the search committee.

The president will appoint the election commissioner or the chief election commissioner based on the name recommended by the selection committee.

Before the new law came into force, the chief election commissioner and election commissioners were appointed by the president on the recommendation of the government.

The Modi government got the act enacted through the parliament to negate an SC directive to include CJI in the selection process. 

In March 2023, the Supreme Court, while delivering its verdict on pleas seeking a collegium-like system for the appointment of the Chief Election Commissioner (CEC) and election commissioners, ruled that the appointments will be made by the president on the recommendation of a panel comprising the prime minister, the leader of the opposition in the Lok Sabha and the chief justice of India.

The apex court also said the direction on the appointments to the post of CEC and ECs will continue to hold good till a law on the issue is enacted by Parliament.

Since the establishment of the Election Commission on January 25, 1950 -- a day before India became a republic -- there was no law laying down a mechanism for the appointment of chief election commissioner and election commissioners. 

On December 13, 2023, the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was passed by the Rajya Sabha, even as the opposition staged a walkout. Earlier, the Lok Sabha cleared the bill.

The appointment of the new Election Commissioner will be the first appointment under the new act.

Currently, Arun Goel is an election commissioner. Rajiv Kumar is the chief election commissioner.