Chief_Election_Commissioner_and_Other_Election_Commissioners_(Appointment,_Conditions_of_Service_and_Term_of_Office)_Act,_2023

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

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

Indian Legislation

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 is an Act of the Parliament of India to replace the existing Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.[1]

Quick Facts CEC and Other EC Appointment Act, Parliament of India ...

The legislation was listed to be taken up for discussion during the Parliament Special Session, 2023.[2]

Proposals

The Election Commission is composed of the Chief Election Commissioner (CEC) and other (number determined by the President) additional Election Commissioners (ECs) appointed by the President of India under the provision Article 324 of the Constitution. The proposed legislation stipulates that the appointment of the CEC and other ECs shall be made by the President, based on the recommendations of a Selection Committee – consisting of a Chairperson (the Prime Minister) and members (Leader of Opposition Party and one PM nominated Union Cabinet Minister)[1][3][4]

The 1991 Act stipulates that the remuneration of the Election Commissioners shall be equal to that of a Supreme Court Judge. The Bill, on the other hand, proposes that the salary, allowances, and terms of service of the CEC and other ECs shall be identical to those of the Cabinet Secretary. The proposed bill ensures the re-appointment of the CEC and other ECs shall not be deemed eligible, restricting their tenure to only one term. It also overturned the Supreme Court verdict in which Supreme Court ordered the constitution of a committee comprising the Prime Minister of India, Leader of Opposition in Lok Sabha and the Chief Justice of India[1][3][5]

Most of other provisions in the 1991 legislature remains same.

Reactions

To be regarded as equivalent to the Cabinet Secretary denotes a lower status than that of a Minister of State (MoS). Election Commission might find it difficult to take disciplinary actions against politicians above their hierarchy (example - cabinet ministers). Being a constitution body, the procedure of removing a serving CEC or EC is same that of a Judicial Officer, as it was in 1991 legislation. However, the "service conditions" is downgraded to that of a Bureaucratic Officer. Exclusion of the Chief Justice of India (CJI) from selection process amounts to overturning a previous verdict of the Public Interest Litigation (PIL) case, Anoop Baranwal vs Union of India. The new changes in the legislation have not adequately anticipated a structure in which the Election Commission can fulfill its duties without apprehension, bias, or coercion from the governing body or the ruling political faction.[1][6]

References

  1. [1]
    "New Bill Equates Election Commission With Cabinet Secretary Instead Of SC Judges, Raises Questions Over Authority's Downgrading". Outlook. Retrieved 15 September 2023.
  2. [2]
    "'What Happened to Bills in Tentative Agenda?': Questions Over Secrecy of Parl Special Session". The Wire. Retrieved 27 September 2023.
  3. [3]
    "Bill downgrades Election Commissioner to status of Cabinet Secy from that of SC Judge". The Indian Express. Retrieved 15 September 2023.
  4. [4]
    "Special session: CEC bill, Parl's 75-year history on the agenda". Hindustan Times. 14 September 2023. Retrieved 15 September 2023.
  5. [5]
    chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://main.sci.gov.in/supremecourt/2015/1458/1458_2015_3_1501_42634_Judgement_02-Mar-2023.pdf
  6. [6]
    "Appointing Election Commissioners: The government must not control the watchdog". The Indian Express. 31 August 2023. Retrieved 15 September 2023.


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