Apart from the controversial letter recommending Election Commissioner Navin Chawla’s removal, Chief Election Commissioner N. Gopalaswami sent two other letters to the President on January 16th, 2009. The first one deals with service conditions of the CEC and ECs. The text of the letter is reproduced below:

I would like to submit the following few lines for your kind consideration in regard to the conditions of service of Chief Election Commissioner and the Election Commissioners.

The Constitution provides in article 324(2) that the Election Commission shall consist of the CEC and such number of ECs as the President may from time to time fix. Clause (5) of article 324 provides that the Parliament may prescribe the conditions of service and tenure of the CEC and ECs. Parliament enacted in this behalf the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, replacing the rules made by the President under the said clause (5). The conditions of service of the CEC and ECs in the aforesaid Act of 1991 as amended in 1993 were made identical and equated with those of a judge of the Supreme Court. CEC and ECs now serve for a period of six years or till the age of 65 years, whichever is earlier.

It is noteworthy, however, that the law is silent with regard to the further appointment of the CEC and ECs to any post or office under the government after their retirement. There is also nothing in the Conditions of Service Act to prohibit a CEC or EC from joining any political party after retirement. The Election Commission of India has over the years since its inception achieved a name for itself as a body which is neutral and whose track record of conducting free and fair election is exemplary. The importance of the role of a neutral Election Commission in our democratic set-up cannot be over-emphasised.

... contd.