The government has decided to retain the status of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) equivalent to judges of the Supreme Court following opposition protests and objections from former chief election commissioners.
Currently, CECs and ECs hold the same status as a Supreme Court judge.
The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, introduced in the Rajya Sabha in August, initially proposed aligning the status of the CEC and other ECs with that of the Cabinet Secretary. However, opposition parties and some former CECs criticized the move, expressing concerns about its potential impact on the independence of the institution.
The government has now decided to present amendments to the Bill currently pending in the Rajya Sabha. One of the amendments, to be moved by Law Minister Arjun Ram Meghwal, specifies that “The CEC and other commissioners shall be paid a salary which is equal to the salary of a judge of the Supreme Court.” Another amendment changes the composition of the search committee, replacing the Cabinet Secretary with the Union Law Minister as its head, along with two other members not below the rank of the secretary to the government of India.
Additionally, an official amendment introduces a new clause to protect CEC and ECs from court cases while performing their official duties. This clause stipulates that no court shall entertain or continue any civil or criminal proceedings against a Chief Election Commissioner or an Election Commissioner.
The proposed amendments also clarify that the Chief Election Commissioner can only be removed from office in a manner and on grounds similar to a judge of the Supreme Court. It further states that the removal of the other Election Commissioner can only occur upon the recommendation of the Chief Election Commissioner. These clarifications align with constitutional provisions outlined in Article 324, which addresses the Election Commission.
The Bill is scheduled for consideration and passage in the Rajya Sabha on Tuesday.
