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

The Lok Sabha on 21 December passed the the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.

  • The bill aims to regulate the appointment of the chief election commissioner and other election commissioners.
  • The bill was passed by the Rajya Sabha on December 12.
  • The bill replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
  • Article 324 of the Constitution states that the Election Commission will comprise the Chief Election Commissioner (CEC) and such number of Election Commissioners (ECs), as the President may decide.
  • The president would appoint the CEC and ECs based on the recommendation of a selection committee, comprising the prime minister, a union cabinet minister and the leader of the opposition or the leader of the largest opposition party in the Lok Sabha..
  • The recommendations of this committee would remain valid even in the absence of a full committee.
  • A search committee, headed by the Law Minister, would propose a panel of names to the selection committee, with eligibility criteria requiring candidates to have held a position equivalent to the secretary to the central government.
  • The salary and perks of the CEC and ECs will be equivalent to that of a Supreme Court judge.
  • The amended Bill protects the CEC and ECs from court cases while discharging their official duties.
  • The CEC shall not be removed from their office except in like manner and on like grounds as a judge of the Supreme Court.
  • It also states that ECs shall not be removed except on the recommendation of the CEC.

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