Litigation shield after EC flagged court orders, FIRs against CEC

  • December 17, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Litigation shield after EC flagged court orders, FIRs against CEC

Subject :Polity

Section: Elections

Context: Litigation shield after EC flagged court orders, FIRs against CEC

More about the news:

  • The Election Commission of India (ECI) had reportedly expressed concerns over recent FIRs and court orders against the Chief Election Commissioner (CEC) related to election matters.
  • The concerns led to an amendment in the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, providing protection to the CEC and ECs from litigation.
  • The amendment states that no court shall entertain or continue any civil or criminal proceedings against a current or former CEC or EC for acts committed during the discharge of official duties.
  • The move follows recent cases, such as an FIR in Mahabubnagar, Telangana, where CEC Rajiv Kumar and other EC officials were named as co-accused. 
  • The Bill also maintains the status of the CEC and ECs equivalent to that of a Supreme Court judge.
  • The removal process for the CEC and ECs has been amended to retain the status quo, allowing the CEC’s removal only through impeachment, while ECs can be removed based on the CEC’s recommendation.

Some facts about The Chief Election Commissioner and other Election Commissioners Bill, 2023:

  • The bill repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
  • It addresses the appointment, salary, and removal of the CEC and ECs
  • The Bill has proposed that the selection panel for appointing the Election Commission, comprising the Chief Election Commissioner (CEC) and other Election Commissioners (ECs), will consist of
    • The Prime Minister as the chairperson, 
    • The Leader of the Opposition as a member,
    • A Union Cabinet Minister nominated by the Prime Minister as another member.
  • 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.
  • Removal Process:
    • The Bill retains the constitutional provision (Article 324(5)) that allows the CEC to be removed like a Supreme Court Judge, while ECs can only be removed on the recommendation of the CEC.
  • Protection for CEC And ECs:
    • Bill safeguards CEC and ECs from legal proceedings related to actions taken during their tenure, provided such actions were carried out in the discharge of official duties.

The amendment aimed to shield these officials from civil or criminal proceedings related to their official functions.

Litigation shield after EC flagged court orders Polity