The Rajya Sabha passed the new Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, with a voice vote on Tuesday, December 12.
The bill, which was introduced in the House on August 10, 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.
Replying to the debate, Union Law Minister Arjun Ram Meghwal said the new legislation has been necessitated as the earlier Act had certain weaknesses.
He also rebutted Opposition allegations that the bill has been brought to circumvent a judgement of the Supreme Court related to the appointments of the CEC and the ECs.
Rather, he said, it is by the direction of the apex court judgement and also to ensure the separation of power as enshrined in the Constitution.
Centre bulldozed democracy: Congress
Opposition parties staged a walkout while the bill was being passed in the Upper House. Talking to reporters, Congress MP Randeep Surjewala termed the bill as a full-throttle attack on democracy.
“The autonomy, fearlessness and fairness of India’s democracy and electoral machinery have been crushed by a bulldozer. Modi Government is passing a law in Rajya Sabha today to make the Chief Election Commissioner and Election Commissioners of the Election Commission of India, a ‘pawn Election Commissioner’. There was a time when EC meant ‘Electoral Credibility’, today it means ‘Elections Compromised’. They will appoint a Chief Election Commissioner and Election Commissioners of their own choice. They will run their Election Commission as per their desire. They will prepare an electoral list as per their desire…This is perhaps one of the biggest blows to democracy hurled by the Modi Government in the last 9 years…We will take it to the end and the struggle will continue from Parliament to the streets,” he said.
What is the bill about
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.
(with PTI inputs)
