Justice Satish Chandra Sharma · ECI Files

28 Dec 2023DOCUMENTCOMMISSIONNOT YET CHECKED

Sections 9-11: six-year term, SC-judge pay, CEC removable only like a judge

Members serve six years or until 65, cannot be reappointed, and an EC elevated to CEC is capped at six years in total. Salary equals a Supreme Court judge's. The CEC can be removed only like a Supreme Court judge; ECs only on the CEC's recommendation.

Justice Rastogi's Baranwal opinion had called it desirable to give ECs the same removal protection as the CEC; the Act does not.

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 ↗

Objections and decisions