Amit Shah · ECI Files · Neta·Resume

28 Dec 2023DOCUMENTCOMMISSIONNOT YET CHECKED

Sections 5, 6, 8: Law Minister's search panel; committee may look beyond it

A search committee headed by the Law Minister with two Secretary-rank members prepares a panel of five. Only serving or retired Secretary-rank officers 'of integrity' with election experience are eligible. The selection committee regulates its own procedure 'in a transparent manner' and may pick someone not on the panel.

CHARGE AND ANSWER

Charge: PRS flags government dominance of selection panel in its bill analysis

Responses: No response on record.

What the record shows: Section 7: PM, a PM-nominated Cabinet Minister and LoP select CEC and ECs, Sections 5, 6, 8: Law Minister's search panel; committee may look beyond it, Sections 9-11: six-year term, SC-judge pay, CEC removable only like a judge

PRS analysed the bill as introduced. In the Act as passed, pay was changed from the Cabinet Secretary's to a Supreme Court judge's (Section 10); the panel (Section 7) and the Secretary-rank eligibility rule (Section 5) were not changed.

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SOURCES

TIER 1 · PRIMARYThe Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (Act No. 49 of 2023)India Code (Legislative Department, Ministry of Law and Justice)2023-12-28archived ↗“may also consider any other person than those included in the panel”

Objections and decisions