Govt to bring amendment restoring CEC, EC salary to that of SC judge

After the Bill was introduced, several former CECs had written to the government expressing concern over the downgrading of the status of the commission, The Indian Express had reported.

On Tuesday, the Bill was listed for discussion and passing in the Rajya Sabha, along with amendments proposed by Meghwal. Among the amendments proposed by the Minister is replacing the equivalence with the salary, leave encashment and dearness allowance of the Cabinet Secretary with that of a Supreme Court judge.

Earlier, the Bill had proposed a Search Committee headed by the Cabinet Secretary to shortlist names of candidates for EC. The amendment proposes to replace the Cabinet Secretary with the Law Minister as the head of that committee.

The amendment also seeks to change the process of removal of the CEC, equating it with the “like manner and on the like grounds as a Judge of the Supreme Court”. ECs, the draft amendment stated, would be removed on the recommendation of the CEC. The Bill had earlier kept the removal process of the CEC and ECs equal as per Clause(5) of Article 324 of the Constitution, which says the process has to be the same as that for the removal of a Supreme Court judge.

The proposed amendment adds a new clause that would protect the CEC and ECs for actions taken while in office.

“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,” the amendment reads.