Why in News?
Recently, the Union Government of India introduced a bill in the Rajya Sabha to change the process of appointing the
Chief Election Commissioner (CEC) and Election Commissioners (ECs).
- The Bill seeks to remove the Chief Justice of India (CJI)
from the selection committee to select the CEC and ECs. - It repeals the Election Commission (Conditions of
Service of Election Commissioners and Transaction of Business) Act, 1991.
Key Points of the Bill:
- Selection Committee/Panel: The Selection Committee
will consist of:
Note: 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.
- Search Committee: A Search Committee will prepare a panel
of five persons for the consideration of the Selection Committee. The Search Committee will be headed by the
Cabinet Secretary.
- Qualification of CEC and ECs: Persons who are holding
or have held posts equivalent to the rank of Secretary to the central
government will be eligible to be appointed as CEC and ECs. Such persons must have expertise in managing
and conducting elections.
- Term of office: The 1991 Act mandates that the CEC
and other ECs will hold office for a term of six years or until they reach the
age of 65 years, whichever is earlier.
If an EC is appointed as the CEC, his total term cannot exceed six
years. The Bill retains the same tenure. Further, under the Bill, the CEC and other
ECs will not be eligible for re-appointment.
- Removal and resignation: Under Article 324 of the Constitution, the CEC
can only be removed from his office in a manner similar to that of a Supreme
Court judge. This is done through an
order of the President, based on a motion passed by both Houses of Parliament
in the same session.
The motion for removal must be adopted with:
(i)
majority support of total membership of each
House, and
(ii)
at least two-thirds support from members present
and voting.
An EC can only be removed from office on the recommendation
of the CEC. The Bill retains this
removal procedure.
- The 1991 Act provides that the CEC and other ECs may submit their
resignation to the President. The
Bill has the same provision.
About the Election Commission of India:
- The Election Commission of India is an autonomous
constitutional authority responsible for administering election processes in
the country. - According to Article
324 of the Constitution, - The Election
Commission consists of the Chief Election Commissioner (CEC) and such number of
other Election Commissioners (ECs), as the President may decide. - The CEC and other
ECs are appointed by the President. The CEC and other ECs will be
appointed by the President on the recommendation of a Selection Committee. - Existing Selection Committee/Panel: The Selection
Committee will consist of: (i) the Prime Minister as Chairperson, (ii) the
Leader of the Opposition in Lok Sabha as member, and (iii) the Chief Justice of
India (CJI). - It oversees elections to the Lok Sabha, Rajya Sabha, State
Legislative Assemblies, and the offices of the President and Vice President in
India. - The commission plays a crucial role in maintaining the
fairness and transparency of elections, ensuring a level playing field for
political parties and candidates, and upholding the democratic process. - It enforces the Model Code of Conduct, manages voter
registration, supervises polling stations, and addresses election-related
disputes. - The effectiveness of the Election Commission is often
assessed based on its ability to conduct free and fair elections and its
impartiality in dealing with electoral matters.
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Q. Consider the 1. 2. 3. Which of the statements given a) b) c) d) Answer: (d) |