Why is it in the News?

Following protests by former Chief Election Commissioners (CECs) and Opposition parties, the Centre on Tuesday moved amendments which sought to retain the status of the Election Commissioners (ECs) on par with Supreme Court Judges.

Context:

• In response to protests from former Chief Election Commissioners (CECs) and Opposition parties, the Centre introduced amendments on Tuesday aiming to preserve the equivalence of status for Election Commissioners (ECs) with Supreme Court Judges.
  • Earlier, the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, first introduced in Rajya Sabha on August 10, had sought to downgrade their salaries, perks and allowances, aligning them with those of a Cabinet Secretary.
• The Bill, along with the amendments, was discussed and passed by voice vote in just over four hours in Rajya Sabha on Tuesday, after the Opposition staged a walkout.
  • The Bill is yet to be introduced in Lok Sabha.
• The Bill regulates the appointment of the CEC and two ECs by constituting a three-member selection committee comprising the Prime Minister, the Leader of the Opposition and a Cabinet Minister.
  • Till now, the CEC and ECs were appointed by the President on the advice of the government, as there was no law enacted for the purpose.

Key Highlights of the New Bill:

• Exclusion of CJI and Inclusion of Cabinet Minister: The bill proposes the removal of the Chief Justice of India from the selection panel, replacing the position with a Cabinet Minister nominated by the Prime Minister.
  • The Leader of Opposition in Lok Sabha is designated as a member of the selection committee.
• Selection Criteria: The Election Commission of India (ECI) will comprise a Chief Election Commissioner (CEC) and other Election Commissioners (ECs) selected from individuals who have held a position equivalent to Secretary to the Government of India.
  • Emphasis on integrity, knowledge, and experience in election management.
• Selection Process: A Search Committee, led by the Law Minister, will propose a list of names to the selection committee.
  • The Selection Committee, chaired by the Prime Minister, includes the Leader of Opposition or the leader of the largest Opposition party in Lok Sabha, and a Cabinet Minister appointed by the Prime Minister.
  • The Selection Committee may consider individuals beyond the Search Committee's recommendations.
• Terms and Tenure: The term of CEC and ECs remains at 6 years or until the age of 65, whichever comes earlier.
  • The salary of CEC and ECs aligns with that of a Supreme Court judge.
• Repeal of 1991 Act: The bill repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, which guided the functioning of the ECI.
• Decision-Making within ECI: Business of the ECI should ideally be conducted unanimously; in case of a difference of opinion, the majority's decision prevails.
• Removal Process: CEC's removal aligns with the procedure and grounds applicable to a Supreme Court judge.
  • Removal of election commissioners is subject to the recommendation of the CEC.
• Protection Clause: The bill introduces a provision safeguarding current and former CECs and election commissioners from civil or criminal proceedings related to their official duties.

The Supreme Court's Stance on Election Commission Appointments:

• A Constitution Bench comprising five judges addressed multiple petitions advocating a selection process akin to that of the Central Bureau of Investigation (CBI) Director.
• In March 2023, the Court unanimously criticized the existing system where the Centre appoints members of the election watchdog.
• Citing Article 324(2) of the Constitution, the Court urged Parliament to enact legislation specifying the criteria for selection, terms of service, and tenure for the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
• Pending legislative action, the apex court constituted a panel consisting of the Prime Minister, the Chief Justice of India, and the leader of the opposition to carry out these appointments.

What happens now?

• Since no vacancy has emerged in the ECI since the Supreme Court order of March, no appointments have been made through the mechanism laid down by the court.
  • The next vacancy is expected to arise in February 2024, when EC Anup Chandra Pandey will retire.
• Meanwhile, the amendments that are set to be moved by Law Minister are expected to restore the equivalence with a Supreme Court judge.
• According to the amendments proposed by the Minister, the status of the EC would be kept the same as that of a Supreme Court judge, with the same salary, dearness allowance and leave encashment rules.

Election Commission of India (ECI):

• The Election Commission of India (ECI) is an independent and permanent constitutional body entrusted with the responsibility of conducting impartial and transparent elections in India.
• Constitutionally empowered, the ECI oversees and directs elections for Parliament, state legislatures, the president, and the vice-president of India.

Key Functions of the ECI:

• Delimiting electoral constituencies nationwide.
• Regularly updating and revising electoral rolls, enrolling eligible voters.
• Announcing election schedules, scrutinizing nomination papers, and fixing election dates.
• Granting recognition to political parties and allocating election symbols.
• Advisory role in post-election disqualification matters for sitting members.
• Enforcing the Model Code of Conduct during elections to prevent unfair practices.

Composition:

• Comprising a Chief Election Commissioner (CEC) and two Election Commissioners (ECs).

Appointment Process:

• The President appoints the CEC and ECs under Article 324(2), based on the advice of the Union Council of Ministers led by the Prime Minister.

Tenure and Conditions:

• Commissioners serve a term of 6 years or until age 65, whichever is earlier, with conditions similar to a Supreme Court judge.

Removal Safeguards:

• The CEC enjoys security of tenure, removable only in the same manner and on the same grounds as a Supreme Court judge. Other commissioners can be removed on the CEC's recommendation.