SC refuses to stay law on selection of CEC and EC

  • January 13, 2024
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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SC refuses to stay law on selection of CEC and EC

Subject : Polity

Section: National Body

Context:

  • The Supreme Court declined to stay a new law which brushed aside a top court judgment to include the Chief Justice of India as a member of the high­ powered selection committee to appoint the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
  • “The CEC and Other Election Commissioners(Appointment, Conditions of Service  and Term of Office) Act, 2023 has diluted the Supreme Court judgment by replacing the Chief Justice of India with a Union Cabinet Minister.

Key Provisions of the “The CEC and Other Election Commissioners(Appointment, Conditions of Service and Term of Office)Act, 2023 

  • The act replaces 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.

Appointment Process:

  • The CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee.
  • The Selection Committee will consist of the Prime Minister, a Union Cabinet Minister, and the 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.

Changes in Salary and Conditions:

  • The salary and conditions of service of the CEC and ECs will be equivalent to that of the Cabinet Secretary.
  • Under the 1991 Act, it was equivalent to the salary of a Supreme Court Judge.

Removal Process:

  • The act 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:

  • The Act 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.
Polity SC refuses to stay law on selection of CEC and EC