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Polity & Governance
Mahesh

13/12/23 06:55 AM IST

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023

In News
  • The Rajya Sabha passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, the legislation that will guide the appointment of the Chief Election Commissioner (CEC) and the Election Commissioners (EC) in future.
Provisions of the bill
  • The Bill replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. It provides for the appointment, salary, and removal of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
  • The CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee. The Selection Committee will consist of the Prime Minister, a Union Cabinet Minister, and Leader of Opposition/leader of the largest opposition party in Lok Sabha.
  • A Search Committee headed by the Cabinet Secretary will propose a panel of names to the Selection Committee. Eligibility for the posts includes holding (or having held) a post equivalent to the Secretary to the central government.
  • The salary and conditions of service of the CEC and ECs will be equivalent to that of Cabinet Secretary. Under the 1991 Act, it was equivalent to the salary of a Supreme Court Judge.
Issues
  • Recently,a five-judge Constitution Bench of the Supreme Court had ruled that the Chief Election Commissioner (CEC) and Election Commissioners (ECs) should be appointed by a committee comprising the Prime Minister, Leader of Opposition in Lok Sabha, and the Chief Justice of India (CJI).
  • The government brought The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, which proposed a committee comprising the PM, Leader of Opposition and, instead of the CJI, a Cabinet Minister nominated by the PM.
  • The ECI currently has the status of a Supreme Court judge and can summon senior officials and even Ministers; if this status is changed to that of a government official, it would affect their ability to do so.
  • Accepting the Selection Committee’s recommendations in spite of a vacancy in its constitution may effectively lead to a monopoly of government members in selecting candidates.
  • Making the CEC and EC’s salary equivalent to the Cabinet Secretary may lead to government influence as it is fixed by the government. This is unlike the salary of a Supreme Court judge which is fixed through an Act of Parliament
  • CECs and ECs also perform quasi-judicial functions. Limiting these posts to senior bureaucrats may exclude other suitable candidates.
Source- The Hindu

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