Explained: How are ECs and CECs appointed now and what changes Centre seeking in proposed Bill?

The new Bill seeks to allow the central government to have more control in the appointments of members of the poll panel.

The Centre on Thursday tabled a contentious Bill in Rajya Sabha that seeks to replace the Chief Justice of India with a cabinet minister in the panel for selection of the chief election commissioner and election commissioners.

This will allow the central government to have more control in the appointments of members of the poll panel.

How are the EC and CECs appointed now?

The Supreme Court in March 2023 ruled that a three-member panel, headed by the Prime Minister and comprising the leader of the opposition in Lok Sabha and the Chief Justice of India, will select the CEC and ECs till a law is framed by Parliament on the appointment of these commissioners.

It had ruled that their appointments would be made by the President on the advice of a committee comprising the Prime minister, LoP in Lok Sabha and the Chief Justice of India.

Before the SC ruling, the chief election commissioner and election commissioners were appointed by the President on the recommendation of the central government.

What the proposed Bill says and what changes will it bring?

According to the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023, tabled in the Upper House, a three-member Selection Committee comprising the Prime Minister, who will be the chairperson, the LoP and a Union Cabinet minister, who would be nominated by the Prime Minister, shall select the CEC and ECs.

According to the Bill, the appointment of the chief election commissioner and election commissioners "shall not be invalid" merely because of any vacancy in or any defect in the constitution of the selection committee.

In case there is no LoP in the Lower House of Parliament, the leader of the single largest party in opposition in the Lok Sabha will be deemed to be the LoP.

The chief election commissioner and election commissioners will be appointed from amongst persons who are holding or have held a post equivalent to the rank of secretary and shall be persons of integrity, who have knowledge of and experience in the management and conduct of elections.

According to the Bill, a search committee headed by the cabinet secretary and comprising two other members not below the rank of secretary, having knowledge and experience in matters relating to elections, shall prepare a panel of five persons for consideration by the selection committee for the appointments.

The existing law does not contain provisions regarding the qualifications of the candidates, the constitution of the search committee and the selection committee for appointments of CEC and ECs.

The Bill also said that salary and allowances of the CEC and ECs will be the same as that of the Cabinet Secretary. Under the present law governing the service and conduct of the CEC and ECs, they are paid a salary which is equal to the salary of a judge of the Supreme Court.