An amended bill to regulate the appointments to the Election Commission is all set to be tabled in the Rajya Sabha today.
Union minister Arjun Ram Meghwal will present the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, which will specify the term of office of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs), the conditions of service, and the procedure for the transaction of business by the Election Commission.
The bill seeks to override a verdict of the Supreme Court, which stated that a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India will pick the CEC and ECs.
The bill will ensure more control of the Union government in the appointments to the election commission of India, with a committee comprising the PM, the LoP in LS, and a Cabinet Minister nominated by the PM taking all the decisions. The government first attempted to introduce the bill in the special September session of the Assembly but was unable to do so amid strong opposition.
The bill was opposed by the Center’s attempt to replace the Chief Justice of India (CJI) with a Union cabinet minister on the committee to regulate the appointment of the Chief Election Commissioner and other ECs. The opposition argued that the executive would hold maximum power with two of the three members on the committee.
Additionally, it faced backlash due to its suggestion to remove the status of Supreme Court judges from the Chief Election Commissioner and other election commissioners. The bill also proposes to align the salaries of the CEC and other ECs with that of the cabinet secretary.
In the redrafted bill, the government has decided to keep the provision of replacing the Chief Justice of India with a Union Cabinet minister on the committee, reported NDTV. It is also being reported that the status of the CECs and ECs will remain equivalent to that of Supreme Court judges.
The bill will now also protect ECs from removal, except with a recommendation from the CEC, a significant demand of ex-chiefs of the election body. It also safeguards the CEC and ECs from civil and criminal proceedings over the discharge of official duties.
The earlier version of the bill proposed an initial search committee led by the Cabinet Secretary and two senior officials to produce a list of five names for the selection panel. The amendment to the bill replaces the Cabinet Secretary with the Union law minister.
