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Section 7 and 8 of CEC, EC UPSC NOTE

 What the Sections 7 and 8

  • Section 7 mandates the selection committee to consist of the Prime Misister, a Union Cabinet Minister, and the leader of the opposition of the leader of the largest opposition party in the lok sabha.

  • Section 8 allows the selection committee to regulate its own procedure in  a transparent manner and consider persons other than those suggested by the search committee.

Appointment, Conditions of Service and Term of Office) Act, 2023

  • The Bill replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.

  • It addresses the appointment, salary, and removal of the CEC and ECs.

Appointment Process:

  • The CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee.

  • The Selection Committee will consist of the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition in Lok sabha.

  • Recommendations of the Selection Committee will be valid even when there is a vacancy in this Committee.

  • A Search Committee headed by the Cabinet Secretary will propose a panel of names to the Selection Committee.

  • Eligibility for the posts includes holding (or having held) a post equivalent to the Secretary to the central government.

Changes in Salary and Conditions:

  • The salary and conditions of service of the CEC and ECs will be equivalent to that of the Cabinet Secretary.

Removal Process:

  • The Bill retains the constitutional provision (Article 324(5)) that allows the CEC to be removed like a Supreme Court Judge, while ECs can only be removed on the recommendation of the CEC.

Protection for CEC And ECs:

  • Bill safeguards CEC and ECs from legal proceedings related to actions taken during their tenure, provided such actions were carried out in the discharge of official duties.

  • The amendment aimed to shield these officials from civil or criminal proceedings related to their official functions.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Section 7 and 8 of CEC, EC UPSC NOTE
Section 7 and 8 of CEC, EC UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2024/01/section-7-and-8-of-cec-ec-upsc-note.html
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