16th September 2023 (9 Topics)
1
Sep
2
Sep
4
Sep
5
Sep
6
Sep
7
Sep
8
Sep
9
Sep
11
Sep
12
Sep
13
Sep
14
Sep
15
Sep
16
Sep
18
Sep
19
Sep
20
Sep
21
Sep
22
Sep
23
Sep
25
Sep
26
Sep
27
Sep
28
Sep
29
Sep
30
Sep
The CEC and Other EC (Appointment, Conditions of Service and Term of Office) Bill, 2023
Context
The special session of Parliamentis going to witness the discussion on a Bill that seeks to regulate the appointment, service conditions, and office terms of the Chief Election Commissioner (CEC) and other Election Commissioners.
About
About the Bill:
- 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 ‘AnoopBaranwal vs. Union of India’ Case.
- Key points:
- The Bill proposes to revise the salary, allowance, and service conditions of the Chief Election Commissioner (CEC) and the two Election Commissioners, to bring it at par with those of a Cabinet Secretary.
- Until now, Election Commissioners were at par with Supreme Court judges in this regard, under the Election Commission Act, of 1991.
- However, the Bill’s passage will result in the 1991 Act’s repeal.
- This Bill seeks to constitute a committee of the Prime Minister, the Leader of the Opposition in the LokSabha, and a Cabinet Minister nominated by thePM to select members of the Election Commission of India.
How does the new Bill change the 1991 Act?
- Section 3 of the 1991 Act states that, “There shall be paid to the Chief Election Commissioner [and other Election Commissioners] a salary which is equal to the salary of a Judge of the Supreme Court.”
- However, Section 10 of the Bill states that the salary, allowances, and service conditions of the CEC and ECs shall be the same as those of the Cabinet Secretary.
Concernsassociated:
- Bureaucratic ambit: This move seeks to bring Election Commissioners under the ambit of the bureaucracy, which in turn could stifle their authority and independence
- Shift tasks and roles:The EC’s primary task is that of superintendence, direction, and control of elections, as laid down under Article 324.
- However, this control of elections is likely to shift if the Election Commissioner, who will now be equivalent to the rank of a Cabinet Secretary, tries to discipline a Union Minister for electoral violations.
- CJI not a member: The committee formed for election of CEC will not have the Chief Justice of India as a member, contrary to the top court’s suggestion in a ruling delivered in March this year.
- Equivalent to Supreme Court Judge vs. Cabinet secretary: The proviso to Article 324 (5) of the Constitution says that a CEC can only be removed in a manner similar to that of a SC judge.
- The reason behind the EC’s independence and equivalence to SC judges was so that it could freely and fairly decide cases involving the government, the Prime Minister, and Ministers.
More Articles
Courses
Study
Notes
Home
Resources
More
