Context:
Rajya Sabha passed Bill On Appointment Of Chief Election Commissioner (CEC) and Election Commissioners (ECs).
There was no specific legislative process defined in the Constitution for the appointment of the CEC and ECs. CEC and ECs were appointed by the President on the recommendation of the government.
Bill Provisions:
- CEC and other ECs (Appointment, Conditions of Service and Term of Office) Bill, 2023 will replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
- The Bill provides for the appointment, salary, and removal of the CEC and ECs.
- Appointed by the President upon the recommendation of a Selection Committee
- The Selection Committee includes –
- Prime Minister
- A Union Cabinet Minister
- Leader of Opposition/leader of the largest opposition party in Lok Sabha.
- Search Committee – Headed by the Law Minister would propose a panel of names to the selection committee.
- Allowances and service conditions – on par with those of Supreme Court judges.
- Removal procedure –
- Same as the removal of Supreme Court judges.
- ECs cannot be removed from office without the CEC’s recommendation.
- If the CEC and EC give orders during duty, the court cannot take action against them.
Election Commission of India:
- An autonomous constitutional authority.
- Mentioned in Articles 324-329 in Part XV
- Consists of a CEC and 2 ECs.
- Administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice President in the country.
- Operates under Article 324 of the Constitution
- Subsequently enacted the Representation of the People Act.
Source: The Hindu
Previous Year Question
Consider the following statements:
1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.
Which of the statements given above is/are correct?
[UPSC Civil Services Exam – 2017 Prelims]
(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 3 only
Answer: (d)
Explanation:
The election commission has three election commissioners, one Chief Election Commissioner and two Election Commissioners. Election commission decides the election schedule for the conduct of both general elections and bye-elections.
