SC declines to stay new law on picking CEC, ECs
- The Supreme Court declined a request for an interim stay of the new law excluding the Chief Justice of India from the panel to select the chief election commissioner (CEC) and election commissioners (ECs).
Key Highlights
- Article 324(2) of the Constitution says that the CEC and ECs shall be appointed by the President, with aid and advice of the Council of Ministers
- Till Parliament enacts a law fixing the criteria for selection and conditions of service and tenure.
- Subsequently, the government enacted a new law — The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- Excluding the CJI from the selection panel.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- It replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
- It provides for the appointment, salary, and removal of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
- The CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee.
Selection committee
- The Selection Committee will consist of the Prime Minister, a Union Cabinet Minister, and Leader of Opposition/leader of the largest opposition party in Lok Sabha.
- Recommendations of the Selection Committee will be valid even when there is a vacancy in this Committee.
- A Search Committee headed by the Cabinet Secretary will propose a panel of names to the Selection Committee.
- Eligibility for the posts includes holding (or having held) a post equivalent to the Secretary to the central government.
- The salary and conditions of service of the CEC and ECs will be equivalent to that of Cabinet Secretary.
- Under the 1991 Act, it was equivalent to the salary of a Supreme Court Judge.
Prelims Takeaway
- Search Committee
- Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023