SELECTION
OF CEC AND EC - POLITY
News:
Appointment of CEC, EC |
Supreme Court refuses to stay new law; issues notice for hearing in April
What's
in the news?
●
The Supreme Court declined to stay a new
law which brushed aside an apex court judgment to include the Chief Justice of
India as a member of the high-powered selection committee to appoint Chief
Election Commissioner (CEC) and Election Commissioners (ECs).
Key
takeaways:
●
The Centre’s new law excluding CJI from a
panel to select the CEC and ECs is against the very concept of separation of
powers.
The
Chief Election Commissioner and Other Election Commissioners
(Appointment,
Conditions of Service and Term of Office) Act, 2023:
Selection
Committee:
●
The Act states that the CEC and other ECs
will be appointed by the President on the recommendation of a Selection
Committee.
●
The Selection Committee will consist of:
○
the Prime
Minister as Chairperson.
○
the Leader
of the Opposition in Lok Sabha as member.
○
a Union
Cabinet Minister nominated by the Prime Minister 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.
●
The appointment of Chief Election
Commissioner and other Election Commissioners shall not be invalid merely by
reason of any vacancy in or any defect in the constitution of the Selection
Committee.
Search
Committee:
●
A Search Committee will prepare a panel of five persons for the
consideration of the Selection Committee.
●
The Search Committee will be headed by the Cabinet Secretary.
●
It will have two other members, not below
the rank of Secretary to the central government, having knowledge and
experience in matters related to elections.
●
The Selection Committee may also consider
candidates who have not been included in the panel prepared by the Search
Committee.
Qualification
of CEC and ECS:
●
Persons who are holding or have held posts
equivalent to the rank of Secretary to
the central government will be eligible to be appointed as CEC and ECs.
●
Such persons must have expertise in
managing and conducting elections.
Salary
and allowances:
●
The 1991 Act provides that the salary of
the ECs will be equal to that of a Supreme Court judge.
●
The new Act (2023) provides that salary,
allowance and service conditions of the CEC and other ECs will be the same as that of the Cabinet Secretary.
Re-appointment:
●
Under the new act, the CEC and other ECs
will not be eligible for re-appointment.
Conduct
of business:
●
All business of the Election Commission is
to be conducted unanimously.
●
In case of difference of opinion between
the CEC and the other ECs on any matter, it shall be decided through majority.