Context
Gyanesh Kumar and Sukhbir Singh Sandhu were appointed Election Commissioners by the President of India on the recommendation of a high-powered panel chaired by the Prime Minister.
New Election Commissioners Appointment
Appointment of Election Commissioners: Appointment Process
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Selection Committee for Appointments:
- The President will appoint the chief election commissioner and other election commissioners based on the recommendation of a Selection Committee comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha.
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Validity of Recommendations:
- Recommendations made by the Selection Committee will be valid even in case of a vacancy in the Committee.
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Search Committee:
- A search committee headed by the Cabinet Secretary will suggest five names each for the post of two Election Commissioners on the basis of laid down rules.
- This list would be placed before the PM-lead panel to finalize two names who would eventually be appointed by the President as Election Commissioners.
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Salary and Conditions of Service:
- The salary and conditions of service of the chief election commissioner and other election commissioners will be equivalent to the salary of a Supreme Court Judge.
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Term and Reappointment:
- Members of the Election Commission will hold office for six years or until they attain the age of 65 years, whichever is earlier. They cannot be re-appointed.
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Removal Process:
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- The manner of removal of the CEC and ECs is retained as specified in the Constitution{Article 324(5)}.
- The CEC is removable in the same manner as a Supreme Court Judge and the ECs removable only upon the recommendation of the CEC.
Status of CEC and ECs:
- They enjoy the status of a judge of the Supreme Court. The new act has retained that status.
Supreme Court ruling in March 2023:
- Supreme Court Judgement (In Anoop Baranwal v. UOI case, 2023): Until the government forms a law on this, the selection panel of chief election commissioner and other election commissioners will have three members – the PM, the Leader of the Opposition and the CJI.
Also Read: Election Commissioners To Have Same Status As SC Judges
News Source: The Hindu
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