Context: Recently, Election Commissioner Arun Goel resigned from the office of Election Commissioner. This has reduced the number of members in Election Commission to only one member. As the General Elections approach in 2024, there is a need to appoint new members as Election Commissioners for efficient conduct of General Elections.
Context of the Enactment of the Act
Constitution Bench of Supreme Court in the Anoop Baranwal vs UoI case that a committee comprising Prime Minister, Leader of Opposition of Lok Sabha and Chief Justice of India will advise the President on appointments to the Election Commission of India until Parliament enacts a law on the subject.
Grounds for this judgement
- The executive full control over the appointment of CEC and other ECs to the Election Commission of India (ECI) degraded the independence of ECI.
- Collegium like independent body for appointment of CEC and other ECs will provide a level playing field to all parties.
- Greater trust among the opposition.
- Greater check on the political party enjoying power in the Centre.
- Ensuring greater fairness in elections.
Article 324 of Constitution of India
- Superintendence, direction and control of the preparation of electoral rolls and conduct of all elections to Parliament, State Legislature of every State and elections to the offices of President and Vice-President shall be vested in the Election Commission of India (ECI).
- Appointment of CEC and other ECs to be made by President shall be subject to provisions of any law made in the behalf by Parliament.
- CEC to act as the Chairman of ECI.
- Subject to provisions of any law made by Parliament, the conditions of service and tenure of office of CEC, other ECs and Regional Commissioners shall be such as the President may determine.
- Before each general election to Lok Sabha, Legislative Assembly of each State and before each biennial election to Legislative Council of each State, the President may also appoint after consultation with Election Commission such Regional Commissioners to assist Election Commission.
- Conditions of service and tenure of office of CEC and other ECs and Regional Commissioners shall be determined by President.
- CEC shall not be removed from his office except in like manner and grounds as a judge of Supreme Court. Also, conditions of service of CEC shall not be varied to his disadvantage after his appointment.
- Other ECs and Regional Commissioners shall not be removed from office except on the recommendation of CEC.
- President, Governor of a State shall make available to the ECI or Regional Commissioner such staff as may be necessary for the discharge of functions.
Salient features of Act
- Composition of Election Commission: Election Commission shall consist of (a) Chief Election Commissioner and (b) such number of other Election Commissioners as the President may fix.
- Qualifications of CEC and other ECs: Persons holding or have held a post equivalent to the rank of Secretary to Government of India. They shall be persons of integrity having knowledge and experience in management and conduct of elections.
- Search Committee: A Search Committee headed by the Minister of Law & Justice and comprising two other members not below the rank of secretary to Government of India shall prepare a panel of five persons for consideration of the Selection Committee for appointment as CEC and other ECs.
- Selection Committee: CEC and other ECs shall be appointed by the President on the recommendation of a Selection Committee consisting of:
- Prime Minister - Chairperson
- Leader of Opposition of Lok Sabha - Member
- Union Cabinet Minister to be nominated by Prime Minister - Member
(Note: Selection Committee can also consider any other person than those included in the panel by the Search Committee).
- Term of office of CEC and other ECs:
- CEC and other ECs shall hold office for a term of 6 years from the date on which he assumes his office or till he attains the age of 65 years.
- CEC and other ECs shall not be eligible for re-appointment.
- Where an Election Commissioner is appointed as CEC, his term of office shall not be more than 6 years in aggregate as the EC and the CEC.
- Salary: CEC and other Election Commissioners salary will be equal to the salary of Supreme Court judge.
- Resignation & Removal:
- CEC and other ECs can resign office by writing to the President.
- CEC shall not be removed from his office except in like manner and on like grounds as a Judge of Supreme Court.
- Other ECs shall not be removed from office except on the recommendation of the CEC.
- Leave
- CEC and other ECs may be granted leaves in accordance with the rules of the service to which he belonged before appointment. They are also eligible to carry forward the leave standing at his credit on such date.
- Power to grant or refuse leave to the CEC and other ECs is vested in the President.
- Other conditions of service: President may be rules determine the conditions of service relating to travelling allowance, medical facilities, leave travel concession, conveyance facilities and such other conditions relating to CEC and other ECs.
- Transaction of business of Election Commission
- Election Commission may regulate procedure and allocation of its business by a unanimous decision amongst the CEC and other ECs.
- However, if there is any difference of opinion, such a matter shall be decided according to the opinion of majority.
- Protection of CEC and other ECs: No court shall entertain to continue any civil or criminal proceedings against any person who is or was a CEC or an EC for any act, thing or word, committed, done or spoken by him in the course of acting or in the discharge of his official duty or function.