A petition has been filed in the Supreme Court against the law related to the appointment of election commissioners. In this, the court has been requested to direct the Central Government to constitute an impartial and independent selection committee for the appointment of the Chief Election Commissioner and other Election Commissioners. The Public Interest Litigation (PIL) states that the Central Government should maintain complete transparency in the appointment of Election Commissioners.
It is noteworthy that a gazette notification was issued by the Central Government on 28 December. In this, new rules related to the appointment of Chief Election Commissioner and Election Commissioners have been mentioned.
A government notification was issued on Friday regarding the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act. The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 headed by the Prime Minister, the Leader of the Opposition and a Union Minister to make recommendations to the President for the appointment of the Chief Election Commissioner and other Election Commissioners There is a provision for a selection committee.
Clause 10 has been amended regarding the salary of the Chief Election Commissioner/Commissioner. At present, the commissioners get the same salary as the judges of the Supreme Court, but under the new law, the salary of the commissioners has been made equal to that of the Cabinet Secretary. The salary of Cabinet Secretary is equal to that of Judges, but there is a significant difference in allowances and other facilities. Clause 15(A) has been added with amendments to Clause 15 related to the service conditions, which is related to legal protection to the Election Commissioners. Clause 15 mentions the traveling allowance, medical, LTC and other facilities of the Commissioners, whereas Section 15 (A) states that no FIR can be filed against the decisions taken by the Chief Election Commissioner or the Election Commissioner during the election process. Only these decisions can be challenged in the court.
The Election Commissioner can be removed on the recommendation of the Chief Election Commissioner.
The section related to the appointment of election commissioners has been amended, in which the format of the search panel of commissioners has been decided. After the amendment, now before the appointment of the Commissioner, the Law Minister of the country and two officers of the secretary level in the Government of India will prepare a panel of five persons. The next commissioner will be appointed from this panel. In Section 11, the procedure for removal of Chief Election Commissioner and Election Commissioner has been decided. The Chief Commissioner can be removed only through the process of a Supreme Court judge, whereas the Election Commissioner can be removed on the recommendation of the Chief Election Commissioner.
