Chief Election Commissioner and other Election Commissioners (Appointment, Terms of Office) Bill, 2023

Source: The post is based on the article “Chief Election Commissioner and other Election Commissioners (Appointment, Terms of Office) Bill, 2023” published in “The Hindu” on 18th December 2023

Why in the News?

Rajya Sabha has passed The Chief Election Commissioner (CEC) and other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Bill, 2023.

How is the Election Commission currently appointed under the Constitution?

1) Article 324 provides for the composition of the Election Commission of India (ECI). It consists of the CEC and two other ECs.

2) The Constitution provides that the appointment of the CEC and EC, subject to the provisions of any law made by Parliament, be made by the President.

3) The existing parliamentary law provides for their conditions of service but is silent with respect to appointments, thereby raising concerns for independence of ECI.

4) The appointments till date are made by the President, that is the Central Government and there is no mechanism for ensuring independence during the appointment process.

What did the Supreme Court rule on appointment of EC and CECs?

Anoop Baranwal v. Union of India Case: The Supreme Court laid down that the CEC and ECs shall be appointed by a committee consisting of the Prime Minister, the CJI and the Leader of the Opposition or the largest opposition party in the Lok Sabha. 

– It said that this mechanism shall be in place till Parliament enacts a law on this matter.

Click Here to read more about this Judgment

What are the Key Provisions of the CEC and EC Bill, 2023?

Replaces: The Bill replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.

Purpose: To provide for the appointment, salary and removal of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). 

Key Provisions of the bill: 

1) The CEC and other ECs shall be appointed from persons who are holding or have held a post equivalent to the rank of Secretary to the Government of India.

2) A search committee, led by the Law and Justice Minister, will suggest five candidates to the selection committee composed of the Prime Minister, the Leader of Opposition in the Lok Sabha and a nominated Union Cabinet Minister. 

Note: The bill removes the CJI from the selection process that was laid down in the Anoop Baranwal case.

3) Based on the recommendation from the selection committee, the President will then appoint the CEC and ECs.

Click Here to read more about the bill

UPSC Syllabus: Bills in News