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New Election Commissioners In India

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Courtesy/By: PARAM SAKET SARANG | 2024-03-14 18:29 Views : 232

New Election Commissioners In India

Introduction

It is unusual in our republic's history that Election Commissioner (EC) Arun Goel resigned on March 9, a few days before the general elections were announced. He was scheduled to step down as chief election commissioner (CEC) in 2027 when his term was set to expire.

Both Goel's resignation and his hasty appointment as an EC in 2022—which was also called into question by a Supreme Court Constitution Bench—came as a shock.

New Election Commissioner of India

The three-member selection panel headed by Prime Minister Narendra Modi on Thursday (March 14) appointed two former Indian Administrative Service officers – Gyanesh Kumar and Sukhbir Singh Sandhu – as election commissioners. Before their appointment, the Election Commission had been down to just one member, Chief Election Commissioner Rajiv Kumar.

About Elections Commission of India

In India, the Election Commission of India (ECI) is an independent constitutional body tasked with running the Union and State electoral systems.
It was founded on January 25, 1950, National Voters' Day, in compliance with the Constitution. The commission's secretariat is located in New Delhi.
Elections to the State Legislative Assemblies, Lok Sabha, Rajya Sabha, and Indian presidential and vice presidential posts are managed by this body.
Elections to state municipalities and panchayats are unrelated to it. The Indian Constitution makes provision for a distinct State Election Commission for this purpose.

Constitutional Provisions

Articles 324–329 of Part XV address elections and create a commission to handle them.
Article 324: An Election Commission will have supervision, guidance, and control over elections.
Article 325: No one shall be excluded from or assert an exemption from the special electoral roll based on a person's race, religion, caste, or sexual orientation.
Article 326: Adult suffrage shall be the basis for elections to the Legislative Assemblies of the States and the House of People.
Article 327: Power of Parliament to make provisions concerning elections to Legislatures.
Article 328: The State Legislature's authority to establish rules about elections to the Legislature.
Article 329: Court intervention in electoral matters is prohibited.

Structure of ECI

The Election Commissioner Amendment Act of 1989 allowed the commission to expand from having just one election commissioner to a multi-member body.
The Chief Election Commissioner (CEC) and any additional election commissioners, if any, that the President may from time to time appoint, will make up the Election Commission.
It is currently made up of two Election Commissioners (ECs) and the CEC.
The Chief Electoral Officer assists the electoral commission at the state level.

Appointment & Tenure of Commissioners

By the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023, the President appoints CECs and Election Commissioners.
Their term is set at six years, or until they are 65, whichever comes first.
The CEC and ECs will have the same pay and working conditions as the Cabinet Secretary.
It was the same as a Supreme Court judge's remuneration under the 1991 Act.

Removal

They can quit anytime or can potentially be dismissed before the expiry of their term.
While ECs can only be removed on the CEC's recommendation, CECs can only be removed from office following a procedure by Parliament akin to that of a SC judge.

Anoop Baranwal vs Union of India Case, 2023

The appointment of the Chief Election Commissioner and Election Commissioners shall be made by the President on the advice of a Committee comprised of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India (CJI), the five-judge Supreme Court bench unanimously decided.

The head of the opposition party with the most members in the Lok Sabha shall be a member of this committee if there isn't a leader of the opposition available.

In response to the Supreme Court's order in the Anoop Baranwal v. Union of India case of 2023, Parliament approved the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

References

Courtesy/By: PARAM SAKET SARANG | 2024-03-14 18:29

News

Latest Article

New Election Commissioners In India

Back

New Election Commissioners In India

Introduction

It is unusual in our republic's history that Election Commissioner (EC) Arun Goel resigned on March 9, a few days before the general elections were announced. He was scheduled to step down as chief election commissioner (CEC) in 2027 when his term was set to expire.

Both Goel's resignation and his hasty appointment as an EC in 2022—which was also called into question by a Supreme Court Constitution Bench—came as a shock.

New Election Commissioner of India

About Elections Commission of India

In India, the Election Commission of India (ECI) is an independent constitutional body tasked with running the Union and State electoral systems.

It was founded on January 25, 1950, National Voters' Day, in compliance with the Constitution. The commission's secretariat is located in New Delhi.

Elections to the State Legislative Assemblies, Lok Sabha, Rajya Sabha, and Indian presidential and vice presidential posts are managed by this body.

Elections to state municipalities and panchayats are unrelated to it. The Indian Constitution makes provision for a distinct State Election Commission for this purpose.

Constitutional Provisions

Articles 324–329 of Part XV address elections and create a commission to handle them.

Article 324: An Election Commission will have supervision, guidance, and control over elections.

Article 325: No one shall be excluded from or assert an exemption from the special electoral roll based on a person's race, religion, caste, or sexual orientation.

Article 326: Adult suffrage shall be the basis for elections to the Legislative Assemblies of the States and the House of People.

Article 327: Power of Parliament to make provisions concerning elections to Legislatures.

Article 328: The State Legislature's authority to establish rules about elections to the Legislature.

Article 329: Court intervention in electoral matters is prohibited.

Structure of ECI

The Election Commissioner Amendment Act of 1989 allowed the commission to expand from having just one election commissioner to a multi-member body.

The Chief Election Commissioner (CEC) and any additional election commissioners, if any, that the President may from time to time appoint, will make up the Election Commission.

It is currently made up of two Election Commissioners (ECs) and the CEC.

The Chief Electoral Officer assists the electoral commission at the state level.

Appointment & Tenure of Commissioners

By the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023, the President appoints CECs and Election Commissioners.

Their term is set at six years, or until they are 65, whichever comes first.

The CEC and ECs will have the same pay and working conditions as the Cabinet Secretary.

It was the same as a Supreme Court judge's remuneration under the 1991 Act.

Removal

They can quit anytime or can potentially be dismissed before the expiry of their term.

While ECs can only be removed on the CEC's recommendation, CECs can only be removed from office following a procedure by Parliament akin to that of a SC judge.

Anoop Baranwal vs Union of India Case, 2023

The head of the opposition party with the most members in the Lok Sabha shall be a member of this committee if there isn't a leader of the opposition available.

In response to the Supreme Court's order in the Anoop Baranwal v. Union of India case of 2023, Parliament approved the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

References