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RAJY A SABHA
————
The following Bill has been introduced in the Rajya Sabha on the 10th August,
2023:—
BILL NO. LVII OF 2023
A Bill to regulate the appointment, conditions of service and term of office of the Chief
Election Commissioner and other Election Commissioners, the procedure for
transaction of business by the Election Commission and for matters
connected therewith or incidental thereto .
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Chief Election Commissioner and other Election
Commissioners (Appointment, Conditions of Service and Term of Of fice) Act, 2023.
(2) It shall come into force on such date as the Central Government may , by notification
in the Official Gazette, appoint.
2.In this Act, unless the context otherwise requires,—
(a) "Chief Election Commissioner" means the Chief Election Commissioner
appointed under clause (2) of article 324 of the Constitution and in accordance with
this Act;Short title and
commencement.
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EXTRAORDINARY
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PART II—Section 2
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(b) "Election Commission" means the Election Commission referred to in
clause (1) of article 324 of the Constitution;
(c) "Election Commissioner" means any other Election Commissioner appointed
under clause (2) of article 324 of the Constitution and in accordance with this Act;
(d) "Search Committee" means the Search Committee for preparation of panel of
persons for consideration for appointment as Chief Election Commissioner and other
Election Commissioners; and
(e) "Selection Committee" means the Selection Committee that recommends
appointment of Chief Election Commissioner and other Election Commissioners.
CHAPTER II
APPOINTMENT AND TERM OF CHIEF ELECTION COMMISSIONER AND OTHER ELECTION
COMMISSIONERS
3. The Election Commission shall consist of—
(a) Chief Election Commissioner; and
(b) such number of other Election Commissioners as the President may fix from
time to time.
4. The Chief Election Commissioner and other Election Commissioners shall be
appointed by the President by warrant under his hand and seal.
5.The Chief Election Commissioner and other Election Commissioners shall be
appointed from amongst persons who are holding or have held a post equivalent to the rank
of Secretary to the Government of India and shall be persons of integrity , who have
knowledge of and experience in management and conduct of elections.
6.A Search Committee headed by the Cabinet Secretary and comprising of two other
members not below the rank of Secretary to the Government of India, having knowledge
and experience in matters relating to elections, shall prepare a panel of five persons for
consideration of the Selection Committee, for appointment as the Chief Election Commissioner
and other Election Commissioners.
7. (1) 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 .
Explanation. —For the purposes of removal of doubts, it is hereby declared that
where the Leader of Opposition in the House of the People has not been recognised as
such, the leader of the single largest party in opposition of the Government in the House of
the People shall be deemed to be the Leader of Opposition.
(2) The appointment of Chief Election Commissioner and other Election Commissioners
shall not be invalid merely by reason of any vacancy in or any defect in the constitution of,
the Selection Committee.Election
Commission.
Appointment
of Chief
Election
Commissioner
and other
Election
Commissioners.
Search
Committee.Qualifications
of Chief
Election
Commissioner
and other
Election
Commissioners.
Selection
Committee.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINAR Y 3
8. (1) The Selection Committee shall regulate its own procedure in a transparent
manner for selecting the Chief Election Commissioner or other Election Commissioners.
(2) The Selection Committee may also consider any other person than those included
in the panel by the Search Committee.
9. (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 .
CHAPTER III
SALAR Y, ALLOW ANCES AND OTHER CONDITIONS OF SERVICE OF CHIEF ELECTION COMMISSIONER
AND OTHER ELECTION COMMISSIONERS
10. (1) The salary , allowances and other conditions of service of the Chief Election
Commissioner and other Election Commissioners shall be the same as those of the Cabinet
Secretary:
Provided that the Salary , allowances and other conditions of service of the Chief
Election Commissioner and other Election Commissioners, holding office immediately before
the date of commencement of this Act shall not be varied to their disadvantage.
(2) If a person who, immediately before the date of assuming office as the Chief
Election Commissioner or an Election Commissioner , was in receipt of, or being eligible so to
do, had elected to draw , a pension (other than a disability or wound pension) in respect of
any previous service under the Central Government or a State Government, his salary in
respect of service as the Chief Election Commissioner or an Election Commissioner shall be
reduced—
(a) by the amount of that pension; and
(b) if he had, before assuming office, received, in lieu of a portion of the pension
due to him in respect of such previous service, the commuted value thereof, by the
amount of that portion of the pension.
(3) The Chief Election Commissioner and other Election Commissioners shall be entitled
to dearness allowance as may be admissible to Cabinet Secretary .
(4) The Chief Election Commissioner and other Election Commissioners shall be entitled
to encashment of fifty per cent. of earned leave to his credit at the time of completion of
tenure.
(5) Where the Chief Election Commissioner or an Election Commissioner had retired
from the service of the Central Government or a State Government prior to appointment as
such, the aggregate period for which the encashment of unutilised earned leave he shall be
entitled, shall be subject to a maximum period as admissible to the Cabinet Secretary .
11. (1) The Chief Election Commissioner or an Election Commissioner may , at any
time, by writing under his hand addressed to the President, resign his office.
(2) The Chief Election Commissioner and other Election Commissioners shall not be
removed except in accordance with the provisions contained in the first and second provisos
respectively of clause (5) of article 324 of the Constitution.Power of
Selection
Committee to
regulate its
own
procedure.
Term of of fice.
Salary , etc.
Resignation
and removal.
12. (1)The Chief Election Commissioner or an Election Commissioner may be granted
leave in accordance with the rules for the time being applicable to the service to which he
belonged before the date of his appointment and he shall be entitled to carry forward the
leave standing at his credit on such date, irrespective of the provisions contained in
sectio n 13.
(2)The power to grant or refuse leave to the Chief Election Commissioner or an
Election Commissioner and to revoke or curtail leave granted to him, shall vest in the
President.
13. (1) Where the Chief Election Commissioner or an Election Commissioner was in
service of Government, he shall be deemed to have retired from the service on the date on
which he enters upon office as the Chief Election Commissioner or an Election Commissioner
as the case may be.
(2)The Chief Election Commissioner or other Election Commissioners who at the
time of his appointment as such, was in service of the Central Government or a State
Government, shall at his option to be exercised within a period of six months from the date
of such appointment, be entitled to draw his pension and other retirement benefits under
the rules applicable to the service to which he belonged, with effect from the date of his
appointment as the Chief Election Commissioner or other Election Commissioner .
(3)Except where the Chief Election Commissioner or an Election Commissioner demits
office by resignation, he shall be deemed, for the purposes of this Act, to have demitted his
office only if,—
(a) he has completed the term of office specified in section 9; or
(b) he has attained the age of sixty-five years; or
(c) his demission of office is medically certified to be necessitated by ill-health.
14.Every person holding office as the Chief Election Commissioner or an Election
Commissioner shall be entitled to subscribe to the General Provident Fund under the General
Provident Fund (Central Services) Rules, 1960.
15.Save as otherwise provided in this Act, the conditions of service relating to
travelling allowance, medical facilities, leave travel concession, conveyance facilities, and
such other conditions of service as are, for the time being, applicable to the Cabinet Secretary ,
shall be applicable to the Chief Election Commissioner and other Election Commissioners.
CHAPTER IV
TRANSACTION OF BUSINESS OF ELECTION COMMISSION
16.The business of the Election Commission shall be transacted in accordance with
the provisions of this Act.
17. (1) The Election Commission may , by unanimous decision, regulate the procedure
for transaction of its business as also allocation of its business amongst the Chief Election
Commissioner and other Election Commissioners.
(2) All business of the Election Commission shall, as far as possible, be transacted
unanimously , and if the Chief Election Commissioner and other Election Commissioners
differ in opinion on any matter , such matter shall be decided according to the opinion of the
majority .Leave.
Right to
subscribe to
General
Provident
Fund.Pension.
Other
conditions of
service.
Transaction
of business.
Disposal of
business.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINAR Y 5
CHAPTER V
MISCELLANEOUS
18. (1) If any dif ficulty arises in giving ef fect to the provisions of this Act, the Central
Government may , within a period of five years from the date of commencement of this Act,
by order not inconsistent with the provisions of this Act, remove the dif ficulty .
(2) Every order made under sub-section ( 1) shall, as soon as may be after it is made,
be laid before each House of Parliament.
19.Every order made under section 18 shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the order , or both Houses agree
that the order should not be made, the order shall thereafter have effect only in such
modified form or be of no ef fect, as the case may be; so, however , that any such modification
or annulment shall be without prejudice to the validity of anything previously done under
that order .
20. (1) The Election Commission (Conditions of Service of Election Commissioners
and Transaction of Business) Act, 1991 is hereby repealed.
(2) Anything done or any action taken or purported to have been done or taken under
the Act hereby repealed shall, insofar as it is not inconsistent with the provisions of this
Act, be deemed to have been done or taken under the corresponding provisions of this Act.
(3) The mention of particular matters in sub-section ( 2) shall not be held to prejudice
or affect the general application of section 6 of the General Clauses Act, 1897 with regard to
the effect of repeal.Power to
remove
difficulties.
Repeal and
saving.Laying.
11 of 1991.
10 of 1897.
STATEMENT OF OBJECTS AND REASONS
The matters regarding conditions of service of Chief Election Commissioner and
other Election Commissioners, the procedure for transaction of business of the Election
Commission, etc., are presently governed by the Election Commission (Conditions of Service
of Election Commissioners and Transaction of Business) Act, 1991. The said Act do not
contain provisions regarding the qualifications, search committee for preparing panel of
persons for consideration and recommendation by the Selection Committee for appointment
as Chief Election Commissioner (CEC) and other Election Commissioners (ECs) and other
incidental provisions.
2.The Hon’ble Supreme Court in Writ Petition (Civil) No. 104 of 2015 (Anoop Baranwal
Vs Union of India) declared that the appointment of CEC and ECs shall be made by the
President on the basis of advice tendered by a Committee consisting of the Prime Minister ,
the Leader of Opposition in the Lok Sabha and in case, there is no such leader , the leader of
the largest party in the opposition in Lok Sabha having the largest numerical strength; and
the Chief Justice of India. It has been clarified in the aforesaid judgment that the said norm
provided by the Supreme Court will continue to hold good till a law is made by the Parliament.
3.The proposed Chief Election Commissioner and other Election Commissioners
(Appointment, Conditions of Service and Term of Of fice) Bill, 2023, inter alia, provides
for—
(a) defining various expressions used in the Bill;
(b) appointment, qualifications, Search Committee, Selection Committee, term
of of fice, salary , resignation and removal, leave, pension, etc., of the Chief Election
Commissioner and other Election Commissioners; and
(c) transaction of business and disposal of business of the Election Commission.
4.The Bill seeks to achieve the above objectives.
NEW DELHI; ARJUN RAM MEGHW AL.
The 4th August, 2023.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINAR Y 7
FINANCIAL MEMORANDUM
The Chief Election Commissioner and other Election Commissioners (Appointment,
Conditions of Service and Term of Of fice) Bill, 2023, if enacted, is not likely to involve any
expenditure either recurring or non-recurring, from and out of the Consolidated Fund of
India.
—————
P. C. MODY ,
Secretary-General.
PUBLISHED BY THE SECRET ARY-GENERAL, RAJY A SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE
AND CONDUCT OF BUSINESS IN THE RAJY A SABHA.
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