SC Refuses To Stay Law on CEC-EC Selection
Source: Indian Express
GS II: Indian Polity
Overview
- News in Brief
- About Election Commissioner (EC)
Why in the News?
Supreme Court declined to stay a new law to include the Chief Justice of India as a member of the high-powered selection committee to appoint the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
News in Brief
- The Bench issued notice to the Union of India and listed the case for hearing in April.
- The Prime Minister and his nominee, Cabinet Minister would always be the deciding factor.
- About the Plea: The plea sought the court to injunct the implementation of the Gazette notification of December 28, 2023, rolling out CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act.
- What is the issue? The new law laid down that the President would appoint the CEC and ECs on the recommendation of a selection committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister to be nominated by the Prime Minister.
About Election Commissioner (EC)
Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the election commission.
- The Election Commission is an all-India body common to both the Central government and the state governments.
- Appointment of the chief election commissioner and other election commissioners shall be made by the president.
- The chief election commissioner shall act as the chairman of the election commission.
- Conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president.
- In 1989 after lowering the voting age to 18 years from 21 the President appointed two more election commissions as workload increased.
The election commission is not concerned with the elections to panchayats and municipalities in the states.
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