Bill On Appointment Of Chief Election Commissioner, Election Commissioners Gets Presidential Assent

Pertinently, the Act excludes the Chief Justice of India from the selection panel to appoint the Chief Election Commissioner and other Election Commissioners.

As per the Section 7(1) of the Act, “The Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a Selection Committee consisting of— (a) the Prime Minister—Chairperson; (b) the Leader of Opposition in the House of the People—Member; (c) a Union Cabinet Minister to be nominated by the Prime Minister—Member”.

The bill was passed recently in the winter session of Parliament.

In Anoop Baranwal vs Union of India ,the Supreme Court had directed that the Election Commissioners appointment shall be made on advice of a committee consisting of (1) PM (2) Opposition Leader in Lok Sabha and (3) CJI. The Court had clarified that this arrangement will be subject to any law to be made by Parliament.

As per Section 6, Search Committee headed by the Minister of Law and Justice and comprising two other members not below the rank of Secretary to the Government of India, shall prepare a panel of five persons for consideration of the Selection Committtee, for appointment as the Chief Election Commissioner and other Election Commissioners.

Section 9 provides term of office of the Commissioners. It says (1) The Chief Election Commissioner and other Election Commissioners shall hold office for a term of six years from the date on which he assumes his office or till he attains the age of sixty-five years, whichever is earlier. (2) The Chief Election Commissioner and other Election Commissioners shall not be eligible for re-appointment. (3) Where an Election Commissioner is appointed as Chief Election Commissioner, his term of office shall not be more than six years in aggregate as the Election Commissioner and the Chief Election Commissioner

Read the Act here