#Govt Bill In Rajya Sabha Seeks To Drop CJI From Panel Selecting CEC, ECs

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The Centre on Thursday introduced a bill in the Rajya Sabha proposing a new mechanism to select the chief election commissioner (CEC) and election commissioners (ECs) — replacing the Chief Justice of India in the three-member selection panel with a Union Cabinet minister — in effect giving the government a decisive say in appointments to the poll body.

The bill also seeks to downgrade the status and standing of the CEC and two ECs from that equivalent to a Supreme Court judge to that of the Cabinet secretary, as Section 10(1) of the bill dealing with the salary, allowances and other conditions of service states.

A senior lawyer familiar with EC-related matters told TOI what will directly be impacted if the bill is enacted are the ECI’s powers to summon the Cabinet secretary and secretaries for election-related discussions, and their rank in the order of precedence that will fall lower than even junior ministers.

An election law expert said the status downgrade for the ECI does not sit well with the existing constitutional arrangement that gives the poll body unfettered powers under Article 324 with respect to conduct of elections and also accords it an elevated status by providing for removal of the CEC only through an impeachment motion adopted by Parliament.

(With inputs from agencies)

 

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