LI Network
Published on: December 29, 2023 at 15:24 IST
Among its primary objectives, the bill seeks to regulate the appointment process, conditions of service, and term of office for the Chief Election Commissioner (CEC) and other Election Commissioners (EC). It also outlines the procedural framework for the functioning of the Election Commission.
Key provisions of the bill include the repeal of the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
The new legislation encompasses aspects such as the appointment, salary, and removal of the CEC and other election commissioners. The President will appoint the CEC and ECs based on the recommendation of a selection committee, consisting of the Prime Minister, a Union Cabinet Minister, and the leader of the opposition or the leader of the largest opposition party in the Lok Sabha.
The recommendations of this committee remain valid even in the absence of a full committee. Additionally, a search committee led by the Law Minister will propose a panel of names to the selection committee.
Eligibility criteria require candidates to have held a position equivalent to the secretary to the central government. The bill stipulates that the salary and conditions of service for the CEC and ECs will be equivalent to that of the Cabinet Secretary, diverging from the previous equivalence with a Supreme Court judge’s salary.
Notably, the bill excludes the Chief Justice of India from the selection committee. This amendment aligns with a Supreme Court constitution bench ruling in March, which mandated that the election commissioners should be selected by a committee comprising the Prime Minister, the leader of the opposition, and the Chief Justice until parliament enacts a law prescribing the selection process.
It is important to highlight that Article 324 of the Constitution of India mandates that the Election Commission comprises the Chief Election Commissioner (CEC) and a determined number of Election Commissioners (ECs), as determined by the President.
The Election Commission of India (ECI) is responsible for overseeing the compilation of electoral rolls and organizing elections for Parliament, State Legislatures, as well as the offices of the President and Vice-President.
The appointment of the CEC and ECs is outlined in an Act of Parliament, and in 1991, the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act was enacted to address their remuneration but did not establish the procedure for their appointment.
