Appointing the Chief Election Commissioner<sup>1</sup>

A.G. Noorani


Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI:
Appointing the Chief Election Commissioner1

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Dr B. R. Ambedkar and the drafting committee in October 1948 had provided in the draft constitution an Advisory Board, consisting of 15 MPs elected by Parliament that would advise the President in making certain appointments. This was meant to be a check on the government's unfettered power to appoint persons to high constitutional offices. This provision was dropped a year later. However, an amendment was moved by Dr Ambedkar in June 1949 to make the appointing power subject to law. Clause (2) of Article 324 makes the president's appointment of the Chief Election Commissioner and other election commissioners subject to the provisions of any law made in that behalf by Parliament. A law was enacted only in 1991, and not under Clause (2) but only under Clause (5), the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Act, further amended in 1994.

Keywords: B. R. Ambedkar; unfettered power; President; constitutional offices; Article 324; Chief Election Commissioner; appointing power

Chapter.  1336 words. 

Subjects: Constitutional and Administrative Law

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