Author- Ishika Ahuja , Student at KIIT School of Law
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023.
Introduced- Rajya Sahab on Aug, 10 2023
Passed- Rajya Sahab Dec 12, 2023
Passed- Lok Sahab – Dec 21, 2023
INTRODUCTION
The proposed law aims to replace the Electoral Commission (Conditions of Service and Employment of the Electoral Commission) Act 1991. The bill sets out provisions relating to the appointment, remuneration and removal of the Chairman of the Electoral Commission (CEC) and the Electoral Commissioner. EC). According to the draft, the President will appoint the CEC and the ECB based on the recommendations of the Select Committee. This committee will include the Prime Minister, the Union Cabinet, the Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha.
Conditions of Service and Business of Election Commissioners Law, 1991.
The Election Commissioner’s Conditions of Service and Procedure Act, 1991 is an Indian law that lays down the conditions of service for the Chief Election Commissioner and other election commissioners and the procedure for conducting elections. Law 04/1994
The Chief Election Commissioner and other Election Commissioners are mentioned in Article 324 of the Constitution.
Article 324 – Supervision, direction and supervision of the election will be given to the Election Commission
1. There must be control, supervision and control in the preparation and implementation of the Election list for the Parliament and Legislature of each State, as well as for the offices of the President and Vice President conducted in accordance with the Constitution. given to the group – the Constitution is shown in the electoral group
2. The Election Commission shall consist of the Chief Election Commissioner and such other Election Commissioners as may be appointed by the President from time to time, and if appointed by the Chief Election Commissioner and other Election Commissioners. Any law passed by the parliament in his name is passed by the president
3. The Head of the General Election Commission becomes the Chairman of the General Election Commission if another Election Commissioner is appointed.
4. Before every general election of the people’s house and legislature, and before the first general election and every subsequent biennial election, it can also be the president of the Legislative Council of each state that has such a council. After consultation with the Election Commission, appoint such Regional Commissioners as may be necessary to assist the Election Commission in the performance of the functions assigned to the Commission under sub-section (1).
5. Subject to the provisions of laws passed by Parliament, the terms of election and terms of service and powers of Regional Commissioners shall be as determined by the President:
As a Judge of the High Court, the terms of service of the Chief Election Commissioner, after his appointment, are subject to the condition that the Chief Election Commissioner is not removed from office except for the following reasons:
Provided further, no Election Commissioner or Regional Commissioner shall be removed from office except upon the recommendation of the Head of the General Election Commission.
6. The President or State Governor must, if requested by the General Election Commission, appoint to the Election Commission or Regional Commissioner officers as necessary to carry out the duties assigned to the General Election Commission. In sub-section (1).
Chief Election Commissioner and Other Election Commissioners (Appointments, Conditions of Service and Posts) Act 2023
A bill to repeal the 1991 Act and provide for appointments and conditions of service for the Central and European Election Commission, Chief Election Commissioner and other Election Commissioners (appointment, conditions of service and tenure) was passed by the Lok Sabha. Bill 2023 has been passed by Lok Sabha and Rajya Sabha. This legislation replaces the Electoral Commission (Conditions of Service and Employment of Electoral Commission) Act 1991. The regulation covers the appointment, remuneration and dismissal of the Chief Electoral Commissioner (KPK) and the Electoral Commissioner (EC).
As per the law, the Prime Minister will appoint the CEC and ECB on the recommendation of a Select Committee, i.e. the Union Cabinet Minister, the Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha. Assembly. Union Law Minister Arjun Ram Meghwal said the law is in line with the Supreme Court’s directive on the appointment of Chief Election Commissioners and Election Commissioners. Further, the Search Committee headed by the Union Legal Secretary will submit the list of names to the Selection Committee.
Meghwal also said that the salary for the CEC and ECB will be the same as that of Supreme Court judges. Importantly, orders issued by the CEC or the ECB under this law are not subject to legal challenge.
During the discussion, members of the DPR expressed different opinions. Supporters like Chinta Anuradha of the YSR Congress and Dr Sanjay Jaiswal of the BHJ said the bill would increase public confidence in the electoral process and enable the CEC and ECB to function freely and fairly. Congress party accused of abuse of power in appointing ECB.
AIMIM’s Asaduddin Owaisi opposed the bill, saying that excluding the judiciary from the appointment process was an illegitimate exercise of control over the government. He said the bill was against the Apex Court’s order that the Supreme Court should not appoint election commissioners only by the executive.
Various MPs like Kirit Solanki, Rajiv Pratap Rudy, Sudheer Gupta, Dilip Ghosh, Sanjay Seth and Jayadev Galla also shared their views on the bill during the discussion.
Key provisions of the bill:
• The Electoral Commission (Conditions of Service and Employment of the Electoral Commission) Act 1991 is repealed by this Act. It regulates the election, appointment, remuneration and removal of the Chief Election Commissioner (CEC) and the Election Commissioner (EC).
• The President appoints CEC and ECB based on the recommendations of the Select Committee. The Election Committee is appointed by the Prime Minister, the Union Cabinet Minister and the Leader of the Opposition/leader of the main opposition party.
• The Selection Committee’s recommendation will be effective even if there is a vacancy in the Committee.
• A pool of candidates will be submitted to the Selection Committee by the Search Committee led by the Cabinet Secretary. Eligibility for this post includes holding (or having) a post equivalent to a central government secretary.
• The salary and working conditions of the CEC and ECB will be the same as that of the Cabinet Secretary. This is the same as the salary of High Court judges under the 1991 Act.
Investigations and key issues
• The procedure for appointing the election commission can be influenced by the government which is concerned about its independence.
• Accepting the recommendation of the selection committee can affect the monopoly of government members in choosing candidates, regardless of the vacancy in the constitution.
• Since the salary of CECs and ECKs is determined by the government, government intervention is possible. Instead, the salary of a High Court justice is determined by an Act of Parliament.
• Perform judicial functions in CEC and ECK. Limiting these roles to senior officials may deter qualified individuals.
Key features:
• The Election Commission will consist of the Chief Election Commissioner (ECK) and other Election Commissioners (ECB), the President will determine the periodic number of ECBs.
• The appointment of the Council will be at the discretion of the President based on the recommendation of the Select Committee from the Prime Minister, the Cabinet and the Leader of the Opposition in the Lok Sabha (or a single leader). opposition party). The Search Committee, chaired by the Cabinet Secretary, will recommend five names to the Selection Committee, which reserves the right to consider more candidates than the Search Committee recommends.
• To have the right to vote, candidates must demonstrate the integrity of CEC and ECB, have knowledge and experience in managing elections, and hold or currently hold a secretary (or equivalent) position in the government.
• Members of the Election Committee must serve for six years or until the age of 65, whichever is earlier. Appointments are not allowed, and if the ECB is appointed to the Central Asian Council, the total term of office will not exceed six years.
• Salaries, allowances and conditions of service for CEC and ECB will be negotiated with the Cabinet Secretary. They can also get pension and retirement benefits from previous service.
HIGHLIGHT OF THE BILL
Article 324 of the Constitution communicates that the Political choice Commission will incorporate the Focal Political race Justice (CEC) and such number of Political race Bosses (ECs), as the President could pick. The Political choice Commission of India (ECI) is liable for managing the availability of choosing rolls and coordinating races for Parliament, State Overseeing bodies, and the working environments of the President and VP. The Constitution shows that the President will assign the CEC and ECs, reliant upon the game plans of an Exhibit of Parliament. In the Constituent Social gathering conversations, the pioneer’s work in assigning the CEC and ECs was analyzed as the President circles back to the aide and appeal of the Top of the state. Dr. B.R. Ambedkar raised that the political choice equipment should be out of the control of the public power. People from the Constituent Social occasion agreed to pass on the plan arrangement of the ECI to the reasonability of Parliament.
In 1991, Parliament passed the Political race Commission (Provinces of Organization of Political choice Bosses and Trade of Business) Act. The Exhibit set the remuneration of the CEC and ECs at a comparative level as an Equity for the most elevated court. It didn’t oblige their plan cycle, which continued to be picked by the President.
In Walk 2023, while analyzing the arrangement of the CEC and ECs, the High Court pronounced that their arrangement ought not be done exclusively by the Chief. The Court noticed that the ECI ought to be free of Leader control. It ordered a determination cycle, which would hold until Parliament makes a regulation. The Court coordinated that the arrangement ought to be finished by the President on the proposal of a Determination Council. The Determination Board of trustees will comprise of: (I) the Head of the state, (ii) the Head of Resistance in Lok Sabha, and (iii) the Main Equity of India. The Central Political race Magistrate and Other Political race Chiefs (Arrangement, States of Administration And Term of Office) Bill, 2023, was presented in Rajya Sabha on August 10, 2023. It annuls the 1991 Demonstration and accommodates the arrangement interaction and states of administrations for the CEC and ECs.