Explained | Controversial Bill altering Chief Election Commissioner selection panel to be tabled in Rajya Sabha today

PTC Web Desk, December 12: New Delhi is set to witness the introduction of a contentious Bill in the Rajya Sabha, aiming to modify the selection panel responsible for appointing the Chief Election Commissioner and election commissioners.  This Bill controversially replaces the Chief Justice of India with a Union Cabinet minister in this selection process. However, in response to objections from the Opposition and former chief election commissioners, the Centre has made some amendments.

Supreme Court mandate for selection panel composition

Named the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, this legislation follows a March Supreme Court ruling that mandated a panel consisting of the Prime Minister, Chief Justice of India, and the leader of the opposition for the selection process. 

The Supreme Court specified that if there is no opposition leader in the Lok Sabha, a representative from the largest opposition party would join the panel, aiming to ensure transparency in the selection procedure.

Delayed Special Session and Proposed Changes

Initially scheduled for a special session in September, the Bill faced strong opposition and was subsequently delayed. It proposed stripping the Chief Election Commissioner and other election commissioners of their status as Supreme Court judges, instead aligning their salaries and service conditions with that of the Cabinet Secretary.

While retaining the provision to replace the Chief Justice of India with a Union Cabinet minister in the selection panel, the government has chosen to maintain the status of the Chief Election Commissioner and election commissioners equivalent to that of Supreme Court judges. This move ensures protection against removal except with a recommendation from the chief election commissioner, addressing a key demand of former CECs.

Previously, the Bill suggested a search committee comprising the Cabinet secretary and two senior officials to prepare a panel of five names for consideration by the selection panel. However, a recent amendment has replaced the Cabinet secretary in this committee with the Union law minister.

Opposition's Objections 

The Opposition has strongly opposed the replacement of the Chief Justice of India in the selection panel, arguing that it consolidates the selection power within the executive branch, given that two of the three panel members would be from the executive.

What former CEC's says 

Former CEC SY Quraishi expressed concerns over the composition of the selection panel and the perceived downgrade of the positions of CECs and ECs to the level of the cabinet secretary. Despite these concerns, he appreciated certain aspects of the Bill, particularly the introduction of qualifications for the selection of election commissioners and emphasised the need to extend removal protections to all election commissioners, aligning with the protection provided to the CEC.