Why in News?
Prime Minister Narendra Modi, Home Minister Amit Shah and Leader of Opposition Rahul Gandhi met recently to appoint Gyanesh Kumar as the Chief Election Commissioner.
- Election Commission (EC) – It is an autonomous constitutional authority responsible for administering election processes in India.
- The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice President.
- It is a 3-member body made up of one Chief Election Commissioner (CEC) and 2 Election Commissioners.
- Although all 3 election commissioners are equal, the CEC, like the Chief Justice of India, is the first among equals.
- Chief Election Commissioner - Earlier, there was no law passed by Parliament for the appointment of the CEC and ECs.
- The appointments were done by the President on the advice of the Prime Minister.
- Traditionally, the successor to the incumbent CEC has been the next senior-most Election Commissioner.
- The new CEC is being appointed under a new law, Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
CEC and Other Election Commissioners Bill, 2023
- The Bill replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
- It provides for the appointment, salary, and removal of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
- 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
- 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.
- The salary and conditions of service of the CEC and ECs will be equivalent to that of the Cabinet Secretary.
- In contrast, it was comparable to the salary of a Supreme Court Judge Under the 1991 Act.
References
- The Indian Express | Chief Election Commissioner
- Hindustan Times | Who is Gyanesh Kumar?