CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS

(APPOINTMENT, CONDITIONS OF SERVICE AND TERM OF OFFICE) BILL, 2023 - POLITY

News: Bill downgrades EC to status of Cabinet Secy from that of SC Judge

 

What's in the news?

       Ahead of the special session of Parliament next week, there is disquiet in a section of the establishment, including the Election Commission (EC), over a provision in a Bill — listed for discussion and passage — that seeks to downgrade the service conditions of the three election commissioners and, consequently, threatens to erode their authority.

 

Key takeaways:

       The Bill attempts to alter constitutional provisions that equate ECs with Supreme Court judges.

       It also seeks to undo the Supreme Court’s recent ruling in ‘Anoop Baranwal vs. Union of India’ Case.

 

Key Features:

Selection Committee:

       The Prime Minister as Chairperson

       The Leader of the Opposition in Lok Sabha as member.

       If the Leader of Opposition in Lok Sabha has not been recognised, the leader of the single largest opposition party in Lok Sabha will assume the role.

       A Union Cabinet Minister nominated by the Prime Minister as member.

       The appointment of the CEC and other ECs will not be invalidated due to any vacancy or defect in the constitution of the Selection Committee.

 

Search Committee:

       The Search Committee will be headed by the Cabinet Secretary and will also include two members not below the rank of Secretary who have knowledge and experience in matters related to elections.

 

Majority Decision:

       The Bill maintains the provision that the business of the Election Commission should be transacted unanimously whenever possible. In case of a difference of opinion, the majority's view will prevail.