Rajya Sabha: New law will keep intact EC members’ precedence status | India News

NEW DELHI: There will be no change in the order of the CEC and election commissioners in the table of precedence. While the bill providing for appointment of the three EC members by a collegium seeks to make their salary and service conditions the same as that of the cabinet secretary, instead of a Supreme Court judge as at present, government sources have said that protocol-wise there will no change in the rung they currently occupy.

The CEC and election commissioners currently figure at order 9A – a notch below SC judges, who figure at No. 9, and on a par with the UPSC chairperson and the CAG – in the table of precedence.
“The commission represents the vibrant democratic values of the world’s largest democracy. In keeping with the profile of the institution, no change in order in the table of precedence is proposed,” a government functionary told TOI on Friday.

Sources said that while a search committee headed by the cabinet secretary will shortlist and suggest five names to the selection panel for appointment to the EC’s three top posts, the selection panel can recommend any person other than the five shortlisted candidates.
The bill, in a first, seeks to give the opposition a say in appointment of the EC members by proposing their selection by a panel comprising the Prime Minister, leader of the opposition in Lok Sabha and a cabinet minister to be nominated by the PM. The SC had earlier proposed a selection panel with the PM, leader of the opposition in Lok Sabha and Chief Justice of India, but had said that the arrangement would be valid only until a law was made in this regard by Parliament.
“The CJI was never a part of the selection process of the CEC and commissioners. Therefore, it is erroneous to say that the CJI has been taken out of the selection committee,” said an officer.
On the alleged “downgrade” in service conditions – since norms applicable to the cabinet secretary instead of a Supreme Court judge will kick in – government sources said the EC members even now draw salary of Rs 2,50,000 per month, on a par with the cabinet secretary.
The bill, introduced in the Rajya Sabha on Thursday, seeks to lay down the qualifications and process for appointment as CEC and election commissioners, which the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, enacted in 1991, is silent on, a source told TOI.