Election Commission Flashcards
Who fixes the number of ECrs
Pres
Who appoints the Cec and Ecr
Pres
Who appoints regional commr
Total ecr
3( 1 cec and 2 ecr)
Salary of ecr
Similar to judge of Supreme Court Court
Term
6 yr old/ 65 age
How can chief election Commissioner be removed?
On the ground, same as a judge of Supreme Court Court
Does CEC hold office till the pleasure of President?
No
Powers pf ec
Who advises president whether elections can be held in a state under president rule in order to extend the period of emergency after one year?
Election commission
Who appoints chief electoral officer?
CEC
Article that provides for election commission
324
Explain Anup Barnwal case 2023
To address this, the Court directed the formation of a three-member committee to recommend appointments for the CEC and ECs:
• The Prime Minister of India
• The Leader of the Opposition in the Lok Sabha (or the leader of the largest opposition party if the former is absent)
• The Chief Justice of India
This arrangement was to remain in effect until Parliament enacted a law governing these appointments
🏛️ Subsequent Developments
In December 2023, Parliament passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This Act established a new appointment committee comprising:
• The Prime Minister of India
• A Union Cabinet Minister nominated by the Prime Minister
• The Leader of the Opposition in the Lok Sabha
Notably, this new law excluded the Chief Justice of India from the appointment process, diverging from the Supreme Court’s earlier directive.
The removal of other election commissioners and regional commission commissioner depends upon their recommendation of……………
Cec
Are the expenses of the EC charged upon CFI?
No
Does recommendations of EC upon the disqualification of MP and MLA binding to President and governor?
Yes
