Govt to Move Amendment to Bring CEC, ECs On Par With Supreme Court Judges

New Delhi: In response to widespread protests from opposition parties and former chief election commissioners, the government has decided to maintain the Chief Election Commissioner (CEC) and other Election Commissioners’ status on par with Supreme Court judges.

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, initially suggested aligning their status with the Cabinet Secretary, a move contested for potentially compromising the institution’s independence.

Following the uproar, the government plans to introduce amendments to the Bill in the Rajya Sabha. The proposed changes include equalizing the salary of the CEC and other commissioners with that of a Supreme Court judge. Additionally, the search committee composition will now be headed by the Union Law Minister instead of the Cabinet Secretary, aiming to enhance the committee’s stature.

To safeguard CEC and ECs from legal proceedings during official duties, a new clause prohibits courts from entertaining civil or criminal cases against them. This provision arises in response to recent events involving the Telangana High Court suspending a special sessions judge for hastily directing the police to file an FIR against Chief Election Commissioner Rajiv Kumar.

Furthermore, amendments emphasize that the Chief Election Commissioner can only be removed following procedures akin to a Supreme Court judge, while the removal of other Election Commissioners necessitates the Chief Election Commissioner’s recommendation. These adjustments align with constitutional provisions outlined in Article 324 concerning the Election Commission.

The Bill, with these amendments, is scheduled for consideration and passage in the Rajya Sabha today.