The Lok Sabha’s recent passage of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, has sparked a significant debate in India’s political landscape. This bill, already approved by the Rajya Sabha, seeks to overhaul the appointment process and service conditions of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
Also read-Lok Sabha Passes 3 Criminal Law Amendment Bills, Amit Shah Presents (lawchakra.in)
Introduced on August 10 and passed by the Rajya Sabha on December 12, the bill was moved in the Lok Sabha by Union Law Minister Arjun Ram Meghwal. It aims to replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, introducing several critical changes.
A central feature of the bill is the establishment of a selection committee for appointing the CEC and ECs, comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha. A search committee, headed by the Law Minister, will recommend candidates who must have held a position equivalent to the secretary to the central government.
The bill initially proposed aligning the salary and conditions of service for the CEC and ECs with that of the Cabinet Secretary. However, after concerns were raised by former CECs about this downgrading the status of the election commission, an amendment was introduced to maintain their salary and perks at the level of a Supreme Court judge.
A crucial amendment in the bill is the clause that protects the CEC and ECs from legal proceedings related to actions taken during their tenure, provided these actions were carried out in the discharge of official duties. This amendment aims to shield these officials from civil or criminal proceedings related to their official functions.
The bill’s removal of the Chief Justice of India from the selection committee has been a point of contention. This decision directly conflicts with a Supreme Court ruling earlier this year, which directed that the election commissioners should be selected by a committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice, until Parliament frames a law prescribing the selection process.
The passage of the bill in the Lok Sabha, amidst the suspension of 141 members from both Houses, has been met with criticism and concern. The Opposition has slammed the legislation, claiming it compromises the independence of the Election Commission. They argue that including the Chief Justice in the selection process would have added legitimacy and maintained the institutional integrity of the Election Commission.
In defense, Law Minister Meghwal emphasized the importance of the executive’s role in this process. He stated,
“This is an important executive function. The architects of our Constitution enshrined the separation of powers in Article 50. The executive should do the executive’s job, the judiciary should do the judiciary’s job, and the legislature should do the legislature’s job.”
However, the Opposition has been vocal in its criticism. Asaduddin Owaisi, representing the Hyderabad Lok Sabha constituency, raised concerns over the election commission’s independence after the passing of this bill, saying it will
“work in the shadows of Prime Minister Narendra Modi.”
He argued that having the Chief Justice would have added legitimacy in the public’s eyes. Similarly, Congress MP Randeep Surjewala criticized the bill, saying,
“the autonomy, fearlessness and fairness of India’s democracy and electoral machinery have been crushed by a bulldozer.”
The bill’s passage marks a pivotal moment in the governance of India’s electoral process, potentially impacting the autonomy and functioning of the Election Commission. As it awaits the President’s assent, the debate over its implications continues to resonate in the political and judicial spheres.
