Election commissioner to get status of Cabinet Secretary , proposes new bill

A recent legislative proposal has raised concerns about reducing the powers of the Chief Election Commissioner (CEC) and the Election Commissioner (EC). Currently, they have a status equivalent to Supreme Court judges, but a new bill, called the Chief Election Commissioners and Other Election Commissioners (Appointment, Conditions of Service) Bill, 2023 service period and term of commission), for the purpose of adjusting their positions. salary with this status. of the Cabinet Secretary.

Although the financial impact of this change is relatively small, it has sparked a debate about the political messages being conveyed by the government. If the bill is passed, the CEC and EC will be ranked below ministers in the hierarchy.

Section 15 of the proposed bill states that “the salary, benefits and conditions of service of the Chief Election Commissioner and other Election Commissioners shall be consistent with the salary of the Cabinet Secretary”. This is in contrast to current law that stipulates equal salaries for Supreme Court judges. The bill is expected to be discussed in a special session of the National Assembly from September 18 to 22, adding an atmosphere of uncertainty to the parliamentary agenda. The implications of this change are particularly relevant when the Election Commission interacts with government officials or addresses misconduct by Union ministers during elections.    

Furthermore, the adjustment of the conditions of service to that of a cabinet secretary under this bill raises questions about the constitutional process of eliminating the CEC and the EC, which currently mirrors that of Court judges. Supreme Court.

Former CEC SY Quraishi expressed concern about the potential impact on India's international reputation, as many developing countries look to India's electoral democracy as a model and most election commissioners in The foreigners are all retired judges of the Supreme Court.

Other former CECs criticized the removal as a "weakening of power" and stressed the importance of guaranteeing election commissioners an independence equivalent to that enjoyed by judges under the Constitution. France. Although the bill mainly focuses on the process of appointing CECs and ECs, the controversy surrounding the reduction of their status has received much attention. The bill proposes to constitute a committee comprising the Prime Minister, Leader of the Opposition in Lok Sabha and a designated Union Minister to select the EC. This is different from the recommendation of the Supreme Court, which proposed inviting the Chief Justice of India (CJI) to the commission.


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