New ECs take charge; Supreme Court refuses to stay their appointments

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CategoryPolity

Last Updated17/03/2024

Former bureaucrats Gyanesh Kumar and Sukhbir Singh Sandhu assumed charge as Election Commissioners
A day after their selection by a high-powered panel chaired by Prime Minister

This is the first time that Election Commissioners have been appointed in accordance with the new Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- Which was brought in by the government last December, and which replaces the Chief Justice of India with a Cabinet Minister in the selection panel chaired by the Prime Minister.
This was a violation of Section 6 of the 2023 Act, which required the selection panel members to be given ample opportunity to make a considered decision regarding the candidates.

Election Commission: The Election Commission will consist of a Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
The President will periodically fix the number of ECs.
Appointment of the Commission: The Commission will be appointed by the President, upon the recommendation of the Selection Committee.
The Selection Committee will comprise the Prime Minister, Cabinet Minister, and Leader of Opposition in Lok Sabha (or leader of the single largest opposition party).
A Search Committee headed by the Cabinet Secretary will suggest five names to the Selection Committee.
- The Selection Committee may consider any person other than those suggested by the Search Committee.
Eligibility criteria: The CEC and ECs must: (i) be persons of integrity, (ii) have knowledge and experience in the management and conduct of elections, and (iii) be or have been Secretary (or equivalent) to the government.
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.
Members of the Commission cannot be re-appointed. If an EC is appointed as a CEC, the overall period of the term may not be more than six years.