ECI members to have same status as SC judges

What’s in today’s article

• Why in news?
• Election Commission of India:
• Appointment and Tenure of Commissioners:
• Supreme Court on Election Commission Appointment
• News Summary: Bill to demote Election Commissioners’ status
• Background:
• Key highlights of the bill
• Criticism

Why in news?

• The Rajya Sabha has passed a Bill to regulate the appointment of the Election Commission of India.
• The bill retained the status of the CEC and two ECs on par with judges of the Supreme Court.
  • The earlier Bill sought to downgrade their service conditions, aligning them with those of a Cabinet Secretary.

Election Commission of India

• Election Commission is a permanent and independent body.
• By Article 324 of the Constitution of India, it is vested with the power of conducting elections to –
  • Parliament,
  • State Legislatures,
  • Office of President and Vice-President of India.

Appointment and Tenure of Commissioners

• The Constitution does not lay down a specific legislative process for the appointment of the Chief Election Commissioner and Election Commissioners.
  • Article 324(2) says appointment of CEC and other ECs shall be subject to provisions of any law made by the Parliament.
  • However, no such law has been framed so far.
• The President makes the appointment on the advice of the Union Council of Ministers headed by the Prime Minister.
• They have tenure of six years, or up to the age of 65 years, whichever is earlier.
• They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
• The CEC can be removed from office except in same manner and on the same grounds as a judge of the Supreme Court.
• The Constitution has not debarred the retiring Election Commissioners from any further appointment by the Government.

Supreme Court on Election Commission Appointment

• A five-judge Constitution Bench of the Supreme Court was hearing a bunch of petitions seeking a selection process similar to what is followed in the case of the Director, Central Bureau of Investigation (CBI).
  • The Director of CBI is selected by a committee which consists of Prime Minister, Leader of the Single Largest Opposition Party and the Chief Justice of India.
• In March 2023, the Court has unanimously disapproved of the present system of the Centre appointing members of the poll watchdog.
• Pointing to Article 324(2) of the Constitution, the Court has called upon Parliament to make a law regarding the criteria for selection, conditions for service and tenure of the CEC and ECs.
• Until then, the apex court formed a panel of Prime Minister, Chief Justice of India and the leader of opposition to make these appointments.

News Summary: Bill to demote Election Commissioners’ status

• The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was passed in the Upper House of Parliament with a voice vote.

Background

• Bill introduced in Rajya Sabha on August 10
  • Earlier, the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was passed in the Rajya Sabha on August 10.
    • The Bill is yet to be introduced in Lok Sabha.
  • Significantly, this Bill attempted to alter constitutional provisions that equate ECs with Supreme Court judges.
    • It sought to downgrade their service conditions, aligning them with those of a Cabinet Secretary.
  • It also sought to undo the top court’s recent ruling in ‘Anoop Baranwal vs. Union of India’.
• Bill reintroduced in Rajya Sabha on December 12
  • The Bill was again listed for consideration and passing on December 12, along with key amendments that would restore the status of the members of the ECI.
    • The amendments sought to retain the status of the CEC and two ECs on par with judges of the Supreme Court.

Key highlights of the bill

• Removed CJI from the panel
  • The bill seeks to replace the Chief Justice of India with a Cabinet Minister nominated by the Prime Minister in the committee for selection of the CECs and ECs.
  • It also makes the Leader of Opposition in Lok Sabha a member of the selection committee.
• Criteria
  • The bill says the ECI will consist of a CEC and other ECs from among people:
    • who hold or have held the post equivalent to Secretary to the Government of India; and
    • shall be persons of integrity, who have knowledge of and experience in management and conduct of elections.
• Process
  • First, a Search Committee, headed by the Law Minister, would propose a panel of names to the selection committee.
  • The Selection committee will be chaired by the PM and will include the Leader of Opposition or leader of the single largest Opposition party in Lok Sabha and a Cabinet Minister nominated by the Prime Minister.
  • The Selection Committee may consider any other person apart from those included in the Search Committee’s panel.
• Terms & tenure
  • The terms of the CEC and ECs remain unchanged, at six years or until they reach the age of 65 years, whichever is earlier.
  • The new Bill says the salary of the CEC and ECs would be equivalent to as that of a Supreme Court judge.
• Repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991
  • The bill repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
    • Business of the ECI was guided through this act.
  • The Bill says that the business of the EC should, as far as possible, be transacted unanimously and if there is a difference of opinion, the majority’s opinion will prevail.
• Removal of three top functionaries of the EC
  • While CEC’s removal shall be in the same manner and on like grounds as an SC judge, the election commissioners can only be removed from office on the recommendation of CEC.
• Protection to serving as well as former CECs and election commissioners from civil or criminal proceedings
  • The government has inserted a new provision to protect current and former Chief Election Commissioners (CECs) and election commissioners.
  • This provision shields them from being taken to court for any civil or criminal charges related to their official duties.

Criticism

• Some Opposition leaders criticised the Bill for replacing the CJI in the selection committee with a Cabinet Minister.
• This effectively means the government will at all times have the majority to ram through its choice of candidate.

Q1) When was the voting age reduced from 21 to 18?

Through the 61st Constitutional Amendment Act, voting age was reduced from 21 to 18 in 1988.

Q2) Which elections are managed by the Election Commission of India?

By Article 324 of the Constitution of India, it is vested with the power of conducting elections to – Parliament, State Legislatures, Office of President and Vice-President of India.

Source: Rajya Sabha passes Bill to appoint Chief Election Commissioner, Election Commissioners | Live Law | Times of India | Indian Express