Ex-CECs unite, set to tell PM: Don’t reduce status of EC to that of Cabinet Secretary

The former poll panel chiefs view this as a “downgrade” that is “undesirable” and a threat to the independence and authority of the commissioners. They are expected to advise the Government against implementing this change.

The Indian Express had reported Friday that there were concerns within a section of the establishment about the political signal such a downgrade sends. Sources said that the proposed change doesn’t have significant financial implications, as the basic salary of an apex court judge and the Cabinet Secretary is nearly identical – Supreme Court Judges are entitled to more post-retirement benefits, including lifetime provision of drivers and domestic help. But the worry is that aligning the service conditions — and consequently status — of the Election Commissioners with the bureaucracy could potentially tie their hands and erode their authority.

Sources said the former chiefs intend to urge the government to preserve the status quo because having the perceived stature or authority of a Supreme Court judge is crucial for upholding discipline within the political class and the Executive in cases of violations, thereby ensuring free and fair elections.

A government official, on the other hand, has countered these concerns, asserting that such apprehensions are misplaced because the “Table of Precedence” will not undergo any amendments and the CEC will continue to enjoy the same rank or status as a Supreme Court Judge within this table.

The “Table of Precedence” is a protocol list used to rank functionaries and authorities in the Government based on their positions. It plays a crucial role in determining the seating arrangements during ceremonial occasions. Currently, all Supreme Court Judges occupy serial number 9 on the table, while the CEC is listed at 9A. This table, however, is about ceremonial events and has little bearing on the daily transactions of the government or its relationship vis a vis autonomous institutions.

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, which was introduced in Rajya Sabha on August 10, deals with the constitution of a committee responsible for selecting the three election commissioners. This committee, which has the Prime Minister, Leader of Opposition, and a Union Cabinet Minister, does not have the Chief Justice of India as a member, contrary to the Supreme Court’s suggestion in a March 2023 judgment.

This Bill also changes the salary, allowances and service conditions of the CEC and the two commissions from that of a SC Judge to those of a Cabinet Secretary.

In its ruling dated March 2, 2023, the Supreme Court had said that in the absence of a Central government law governing appointments to the Election Commission of India, such appointments must be made based on the recommendations of a committee. This committee is to be composed of the Prime Minister, the Chief Justice of India, and the Leader of the Opposition in the Lok Sabha, it had said.

To equate the service conditions of the Election Commissioners with those of the Cabinet Secretary is even more problematic, the former CECs feel, because the Cabinet Secretary will lead the search committee that will shortlist candidates for the Commissioner’s post from which a final selection will be made by the panel led by the PM and comprising the Opposition leader and a Union Cabinet minister.