The President gave her assent to the Chief Election Commissioner and Other Election Commissioners, the Appointment, Conditions of Service and Term of Office) Bill 2023.
The bill among other things seeks to establish the mechanism for appointing the top election officials in the country. The Bill which repealed the 1991 Act and the bill provides for the appointment process and the conditions of services for the CEC and ECs, was passed by the Lok Sabha on December 21. The Rajya Sabha passed the bill on December 12.
The Chief Election Commissioner and Other Election Commissioners, the Appointment, Conditions of Service and Term of Office Bill 2023 gets the assent of President.
The Bill essentially aimed to regulate the appointment, conditions of service, and term of office for the chief election commissioner, CEC and other election commissioners, EC, as well as outline the procedure for the functioning of the Election Commission.
The key provision of the bill includes the replacement of the Election Commission (the Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
The bill covers the aspects such as the appointment, salary, and the removal of CEC and the other election commissioners.
The Bill stated that the resident would appoint the CEC and ECs which is based on the recommendation of a selection committee, comprising 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 recommendation made by the said committee would remain valid even in the absence of a full committee. A search committee, headed by the Law Minister, would propose a panel of names to the selection committee, with eligibility criteria requiring candidates to have held a position which being equivalent to the secretary to the central government and the salary and the conditions of service for the CEC and ECs were set to be equivalent to that of the cabinet secretary, deviating from the previous equivalence with a Supreme Court judge’s salary.
Therefore, the bill drops the Chief Justice of India from the selection committee. This year, in March, the constitution bench of the Supreme Court ruled that the election commissioners shall be selected by a committee comprising the prime minister, the leader of the opposition, and the chief justice, till the parliament frames a law prescribing the selection process.
It has been noted that that Article 324 of the Constitution of India stipulates that the Election Commission shall consist of the Chief Election Commissioner, CEC and the determined number of Election Commissioners, ECs as it is determined by the President. However, the Election Commission of India, ELC is tasked with overseeing the compilation of electoral rolls and the organizing elections for Parliament, State Legislatures, as well as the offices of the President and Vice-President.
According to the constitution, the appointment of CEC and ECs is to be made by the President, in accordance with the provisions which are outlined in an Act of Parliament.
The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act was enacted by Parliament in the year 1991.
Therefore, the legislation established the remuneration of the Chief Election Commissioner, CEC and Election Commissioners, ECs at a level equivalent to that of a Supreme Court judge.
The said Act did not address the procedure for the appointment of them, leaving this matter to be determined by the President.