On CEC’s solitary vigil, Supreme Court had said ‘two heads better than one’

  • March 12, 2024
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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On CEC’s solitary vigil, Supreme Court had said ‘two heads better than one’

Subject: Polity

Section: National Body

Context:

  • Chief Election Commissioner (CEC) Rajiv Kumar is in sole charge of the Election Commission (EC) with the resignation of Election Commissioner Arun Goel ahead of the Lok Sabha polls’ announcement.

More on news:

  • The Supreme Court, in S.S. Dhanoa versus Union of India, said one person at the helm of the powerful poll body was against the “tenets of democratic rule”.

Seshan case verdict:

  • The Election Commission can therefore be a single-member body or a multi-member body if the President considers it necessary to appoint one or more Election Commissioners.
  • The Constitution Bench was interpreting clause 2 of Article 324, which said that the Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time-to-time fix.
  • Our Constitution-makers have provided for a multi-member body.
  • The plain language of Article 324(2) envisages a multi-member Commission

About Election Commission:

  • The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India.
  • The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
  • Part XV of the Indian constitution deals with elections, and establishes a commission for these matters.
  • Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility, etc of the commission and the member

Appointment of Election Commissioners:

  • The CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee.
  • Appointment of the Commission:  The Commission will be appointed by the President, upon the recommendation of the Selection Committee.
  • The Selection Committee will comprise the Prime Minister, Cabinet Minister, and Leader of Opposition in Lok Sabha (or leader of the single largest opposition party).
  • A Search Committee headed by the Cabinet Secretary will suggest five names to the Selection Committee.
  • The Selection Committee may consider any person other than those suggested by the Search Committee.

Term and reappointment:

  • Members of the Election Commission will hold office for six years, or until they attain the age of 65 years, whichever is earlier.
  • Members of the Commission cannot be re-appointed.
  • If an EC is appointed as a CEC, the overall period of the term may not be more than six years.

Salary and pension:  

  • The salary, allowances, and other conditions of service of the CEC and ECs will be equivalent to that of the Cabinet Secretary.  
  • They will have an option to draw pension and other retirement benefits from the service that they belonged to previously.

Removal:

  • The CEC may be removed in the same manner and on the same grounds as a Supreme Court Judge.  
  • ECs may be removed only upon the recommendation of the CEC.
Polity two heads better than one