Bill repeals 1991 Election Commission service law, replaces with new appointment rules

It establishes a specific process for selecting these officials and replaces the existing 1991 Act governing their service conditions.

Who it concerns: The Chief Election Commissioner, other Election Commissioners, the President of India, the Prime Minister, the Leader of Opposition in the House of the People, Union Cabinet Ministers, the Cabinet Secretary, and the Central Government.

What the bill does

• Appointments are made by the President on the recommendation of a Selection Committee.
• The Selection Committee consists of the Prime Minister (Chairperson), the Leader of Opposition in the House of the People, and a Union Cabinet Minister nominated by the Prime Minister.
• A Search Committee headed by the Cabinet Secretary prepares a panel of five persons for consideration.
• Candidates must hold or have held a post equivalent to the rank of Secretary to the Government of India and have experience in election management.
• The term of office is six years or until the age of 65, whichever is earlier, with no eligibility for re-appointment.
• Salary, allowances, and conditions of service are the same as those of the Cabinet Secretary.
• Business of the Election Commission is transacted unanimously, or by majority if opinions differ.
• The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 is repealed.

Also in the document

• The Bill repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
• The Statement of Objects and Reasons references a Supreme Court judgment (Anoop Baranwal Vs Union of India) regarding the appointment process, noting that the proposed law addresses matters not covered by the 1991 Act.