Bill proposes lesser salaries for CEC, ECs

Satya Prakash

New Delhi, September 16

The Chief Election Commissioner and the Election Commissioners will end up getting lesser salaries compared to the present incumbents if Parliament passes the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, at its special session commencing on Monday.

On par with Cabinet Secretary

• Under the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, the salary of the ECs is equal to that of an SC judge
• The new 2023 Bill — that aims to repeal the 1991 Act — provides that the salary, allowance and service conditions of the CEC and the ECs will be equal to that of the Cabinet Secretary

Contrary to the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, under which the salary of the ECs is equal to that of a Supreme Court judge, the new 2023 Bill — that aims to repeal the 1991 Act — provides that the salary, allowance and service conditions of the CEC and the ECs will be equal to that of the Cabinet Secretary.

Ending the 73-year-old system of the government appointing the CEC and the ECs, the Supreme Court on March 2 ordered creation of a three-member panel comprising the Prime Minister, Leader of the Opposition in the Lok Sabha or leader of the largest opposition party and the Chief Justice of India to select them.

In a unanimous verdict, a five-judge Constitution Bench led by Justice KM Joseph (since retired) said the CEC and the ECs shall be appointed by the President on the advice of the three-member panel. “This norm will continue to hold good till a law is made by Parliament,” it had said.

However, while retaining the composition of the Election Commission and procedure for removal of the CEC and the ECs, the Bill proposes that the CEC and the ECs will be appointed by the President on the recommendation of a selection committee comprising the Prime Minister as chairperson, the Leader of the Opposition in the Lok Sabha as member and a Union Cabinet Minister nominated by the Prime Minister as member.

If the Leader of the Opposition in the Lok Sabha has not been recognised, the leader of the single largest opposition party in the Lok Sabha will assume the role, the Bill clarifies.

Introduced in the Rajya Sabha on August 10, the Bill also provides for a search committee headed by the Cabinet Secretary which will prepare a panel of five persons for the consideration of the PM-led selection committee. The search committee will have two other members — not below the rank of Secretary to the Central Government, having knowledge and experience in matters related to elections. Interestingly, the selection committee may consider candidates outside the panel prepared by the search committee.

According to the Bill, those in the rank of Secretary to the Central Government will be eligible to be appointed as the CEC and the ECs but they must have expertise in managing and conducting elections.