THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION

PASSED BY THE

AJYA

ABHA

ON 12TH DECEMBER,2023

………………………………..

Bill No. LVII‒C of 2023

THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION

COMMISSIONERS (APPOINTMENT, CONDITIONS OF SERVICE

AND TERM OF OFFICE) BILL, 2023

(AS PASSED BY THE RAJYA SABHA)

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.

it enacted by Parliament in the Seventy-fourth Year of the Republic of India as

follows:―

CHAPTER I

RELIMINARY

(1) This Act may be called the Chief Election Commissioner and other Election

Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.

Short title and

commencement.

Definitions.

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;

(b) "Election Commission" means the Election Commission referred to in

clause (1) of article 324 of the Constitution;

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

PPOINTMENT

AND TERM OF

HIEF

LECTION

OMMISSIONER

AND OTHER

LECTION

OMMISSIONERS

Election

Commission.

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.

Appointment

of Chief

Election

Commissioner

and other

Election

Commissioners.

The Chief Election Commissioner and other Election Commissioners shall be

appointed by the President by warrant under his hand and seal.

Qualifications

of Chief

Election

Commissioner

and other

Election

Commissioners.

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.

Committee.

6. A Search Committee headed by the Minister of Law and Justice and

comprising two other members not below the rank of Secretary to the Government

of India, shall prepare a panel of five persons for consideration of the Selection

Committee, for appointment as the Chief Election Commissioner and other

Election Commissioners.

Selection

Committee.

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;

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.

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.

Power of

Selection

Committee to

regulate its

own

procedure.

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.

Term of office.

CHAPTER III

SALARY, ALLOWANCES AND OTHER CONDITIONS OF SERVICE OF CHIEF ELECTION

COMMISSIONER AND OTHER ELECTION COMMISSIONERS

10. (1) The Chief Election Commissioner and other Election

Commissioners shall be paid a salary which is equal to the salary of a Judge of

the Supreme Court:

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 Judge of the

Supreme Court.

(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

Salary, etc.

Resignation

and removal.

Leave.

Pension.

unutilised earned leave he shall be entitled, shall be subject to a maximum period

as admissible in accordance with the rules for the time being applicable to the

service to which he belonged before his appointment as Chief Election

Commissioner or an Election Commissioner.

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 shall not be removed from his office

except in like manner and on the like grounds as a Judge of the Supreme Court.

(3) The other Election Commissioners shall not be removed from office

except on the recommendation of the Chief Election Commissioner.

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 section 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 Commissioners.

(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

ill-health.

Right to

subscribe to

General

Provident

Fund.

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.

Other

conditions of

service.

15. Save as otherwise provided in this Act, the President may by rules

determine the conditions of service relating to travelling allowance, medical

facilities, leave travel concession, conveyance facilities, and such other conditions

of service relating to the Chief Election Commissioner and other Election

Commissioners.

16. Notwithstanding anything contained in any other law for the time being in

force, no Court shall entertain or continue any civil or criminal proceedings against

any person who is or was a Chief Election Commissioner or an Election

Commissioner for any act, thing or word, committed, done or spoken by him when,

or in the course of acting or purporting to act in the discharge of his official duty or

function.

Protection of

Chief Election

Commissioner

and other

Election

Commissioners.

CHAPTER IV

TRANSACTION OF BUSINESS OF ELECTION COMMISSION

17. The business of the Election Commission shall be transacted in

accordance with the provisions of this Act.

Transaction

of business.

18. (1) The Election Commission may, by unanimous decision, regulate the

procedure for transaction of its business and 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.

Disposal of

business.

CHAPTER V

MISCELLANEOUS

19. (1) If any difficulty arises in giving effect 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 difficulty.

(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.

Power to

remove

difficulties.

20. Every rule and order made under this Act 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 rule or order, or both Houses agree that the rule or order should

not be made, the rule or order shall thereafter have effect only in such modified

form or be of no effect, 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 rule or order.

Laying.

11 of 1991.

10 of 1897.

21. (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.

Repeal and

saving.

RAJYA SABHA

___________

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.

___________

(As passed by the Rajya Sabha)