Chief Election Commissioner and other Election Commissioners

News

  • The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 has been approved by the Lok Sabha.
  • The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act of 1991 is being replaced by the Bill.
  • It outlines the processes for selecting, paying, and dismissing Election Commissioners (ECs) and the Chief Election Commissioner (CEC).
  • The President will appoint the CEC and ECs in accordance with the Bill’s provisions, based on the Selection Committee’s recommendation.
  • The Prime Minister, a Union Cabinet Minister, and the leader of the largest opposition party in the Lok Sabha, if applicable, will make up the Selection Committee.
  • Important Points of the Bill:
    • The bill has been introduced in compliance with the Supreme Court’s directive concerning the designation of the Chief Election Commissioner and other Election Commissioners.
    • As per the legislation, a group of names will be recommended to the Selection Committee by a Search Committee led by the Law Secretary.
    • The compensation of the CEC and ECs will be the same as that of Supreme Court judges.
    • Any order passed by the CEC or ECs cannot be contested in a court of law.
About Current Appointment Process of CEC and EC

Constitutional Framework:

●   The Constitution lacks a specific legislative process for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs).

●   Articles 324-329 in Part XV (Elections) of the Constitution provide the foundational framework.

Role of Article 324:

●   Article 324 confers the “superintendence, direction, and control of elections” to an Election Commission.

●   The Commission comprises the CEC and other ECs, the number of which is determined by the President.

●   Pre-SC Ruling Procedure: Prior to the Supreme Court ruling in March 2023, the President appointed the CEC and ECs based on government recommendations.

 

Source: Newsonair.gov.in

 

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