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

The Union Law Minister Arjun Ram Meghwal on August 10 introduced the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 in the Rajya Sabha.

  • In March 2023, the Supreme Court had ruled that the selection panel should comprise the Prime Minister, the Leader of Opposition (LoP) in Lok Sabha and the CJI.
  • The court had said the order would hold good until a law was made by Parliament.
  • The Supreme Court order highlighted that the guidelines shall be in effect until the Parliament makes a law in consonance with Article 324(2) of the Constitution.

Key provisions of the bill

  • A Selection Committee consisting of the Prime Minister, the Leader of Opposition ( LoP) in the Lok Sabha, and a Union Cabinet Minister to be nominated by the Prime Minister will appoint the CEC and other ECs.
  • Where the LoP in Lok Sabha has not been recognised as such, the leader of the single largest opposition party shall be deemed to be the LoP.
  • A Search Committee headed by the Cabinet Secretary and comprising two other members, not below the rank of Secretary to the government, having knowledge and experience in matters relating to elections, shall prepare a panel of five persons who can be considered for appointment by the Selection Committee.
  • Currently, the Law Minister suggests a pool of suitable candidates to the Prime Minister for consideration. The President makes the appointment on the advice of the PM.
  • Qualification: Persons holding or have held posts equivalent to the rank of secretary to the central government will be eligible to be appointed.
  • Service conditions: The salary, allowances and other service conditions shall be the same as that of a Cabinet Secretary. Previously, as per the 1991 act, their salary was equal to that of a judge of the Supreme Court.
  • The Election Commission is a three-member body, comprising a CEC and 2 ECs.

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