Presidential Assent to a Transformative Bill
The President of India on 28th December 2023 has endorsed a significant legislative change, giving her assent to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023. This bill, pivotal in its scope and impact, aims to regulate the appointment and service conditions of the top election officials in India. It was passed by the Lok Sabha on December 21 and the Rajya Sabha on December 12, marking a notable shift in the electoral governance of the nation.
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Core Elements of the Bill
The bill introduces comprehensive changes, effectively replacing the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. It delineates a new framework for the functioning of the Election Commission. The legislation specifies,
“The president would appoint the CEC and ECs based on the recommendation of a selection committee, 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 propose a panel of names to the selection committee. The eligibility criteria for candidates include having held a position equivalent to the secretary to the central government. The bill sets the salary and conditions of service for the CEC and ECs to be equivalent to that of the cabinet secretary, deviating from the previous equivalence with a Supreme Court judge’s salary.
Deviation from Supreme Court’s Directive
This new legislation marks a departure from a Supreme Court judgment earlier in the year. The Court had ruled,
“The election commissioners shall be selected by a committee comprising the prime minister, the leader of the opposition, and the chief justice, till the parliament frames a law prescribing the selection process.”
The bill notably excludes the Chief Justice of India from the selection committee.
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The Constitutional Mandate and the ECI’s Role
Under Article 324 of the Constitution, the Election Commission of India (ECI) is tasked with managing electoral rolls and organizing elections for various national and state offices. The Constitution mandates that the appointment of the CEC and ECs is to be made by the President, in accordance with the provisions outlined in an Act of Parliament.
Historical Context and Prospective Impact
Prior to this bill, the 1991 Act had established the remuneration of the CEC and ECs at a level equivalent to that of a Supreme Court judge but left the appointment procedure unspecified. The new bill addresses this gap, potentially enhancing the independence and effectiveness of the Election Commission.
The enactment of this bill is a critical development in the democratic framework of India. It represents a significant step towards ensuring a more robust, transparent, and accountable electoral process, which is fundamental to the health and sustainability of democracy in the country.
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