CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS
(APPOINTMENT, CONDITIONS OF SERVICE AND TERM OF OFFICE) BILL, 2023 - POLITY
News: Bill downgrades EC to status of
Cabinet Secy from that of SC Judge
What's
in the news?
●
Ahead of the special session of Parliament
next week, there is disquiet in a section of the establishment, including the
Election Commission (EC), over a provision in a Bill — listed for discussion
and passage — that seeks to downgrade the service conditions of the three
election commissioners and, consequently, threatens to erode their authority.
Key
takeaways:
●
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 ‘Anoop Baranwal vs.
Union of India’ Case.
Key
Features:
Selection
Committee:
●
The Prime
Minister as Chairperson
●
The Leader
of the Opposition in Lok Sabha as member.
○
If the Leader of Opposition in Lok Sabha
has not been recognised, the leader of the single largest opposition party in
Lok Sabha will assume the role.
●
A Union
Cabinet Minister nominated by the Prime Minister as member.
●
The appointment of the CEC and other ECs
will not be invalidated due to any vacancy or defect in the constitution of the
Selection Committee.
Search
Committee:
●
The Search Committee will be headed by the Cabinet Secretary and
will also include two members not below the rank of Secretary who have
knowledge and experience in matters related to elections.
Majority
Decision:
●
The Bill maintains the provision that the
business of the Election Commission should be transacted unanimously whenever
possible. In case of a difference of opinion, the majority's view will prevail.