TAG: GS 2: POLITY
THE CONTEXT: The unexpected resignation of Election Commissioner Arun Goel, accepted by President Droupadi Murmu just before the Lok Sabha polls, has sparked concerns and reactions from opposition parties.
EXPLANATION:
- Various opposition leaders expressed deep concern over the timing of Goel’s resignation, particularly on the eve of crucial elections.
- Questions arise about the transparency and functioning of constitutional institutions like the Election Commission (EC).
- The opposition’s concerns highlight the critical need for transparency in the functioning and appointments within constitutional institutions, especially those overseeing crucial democratic processes like elections.
- As India gears up for the Lok Sabha polls, the integrity of the Election Commission becomes paramount.
- The incident emphasizes the importance of upholding democratic values and ensuring institutions remain free from undue influence.
Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023:
- The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 is an Act of the Parliament of India to replace the existing Election Commission Act, 1991.
- Election Commission
- As per 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 Bill specifies the same composition of the Election Commission.
- It adds that the CEC and other ECs will be appointed by the President on the recommendation of a Selection Committee.
- Selection Committee
- The Selection Committee will consist of:
- the Prime Minister as Chairperson
- the Leader of the Opposition in Lok Sabha as member
- a Union Cabinet Minister nominated by the Prime Minister as member.
- Search Committee
- A Search Committee will prepare a panel of five people for the consideration of the Selection Committee.
- The Search Committee will be headed by the Cabinet Secretary.
- It will have two other members, not below the rank of Secretary to the central government, having knowledge and experience in matters related to elections.
- The Selection Committee may also consider candidates who have not been included in the panel prepared by the Search Committee.
- 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.
- Salary and allowances
- The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 provides that the salary of the ECs will be equal to that of a Supreme Court judge.
- The Bill provides that salary, allowance, and service conditions of the CEC and other ECs will be the same as that of the Cabinet Secretary.
- Term of office
- 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 Act, 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:
- majority support of total membership of each House
- 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 Act retains this removal procedure.
- The Selection Committee will consist of: