New Delhi, December 21: In a decisive move, the Parliament has approved a Bill aimed at overseeing the appointment and service conditions of the Chief Election Commissioner (CEC) and election commissioners. This legislative action, as emphasised by Law Minister Arjun Meghwal, stems from a recent Supreme Court judgment.
Titled the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, it received clearance from the Lok Sabha after a concise deliberation. Earlier, the Rajya Sabha had endorsed the Bill.
Significantly, major opposition parties were notably absent from the Bill's debate as 97 of their members faced suspension for "misconduct" during the ongoing winter session.
The Bill encompasses various facets, including appointment protocols, qualifications, the constitution of a Search Committee, a Selection Committee, tenure, remuneration, resignation, removal, leave, and pension of the Chief Election Commissioner and other election commissioners.
Law Minister Arjun Meghwal highlighted the inadequacy of the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, which lacked provisions for qualifications and the establishment of a search committee to compile a panel of candidates for consideration and recommendation by the Selection Committee for roles as CEC and election commissioners.
Citing a writ petition, the Supreme Court mandated that the President's appointment of CEC and ECs should align with the advice offered by a committee consisting of the Prime Minister, the Leader of Opposition in Lok Sabha, or the leader of the largest opposition party, along with the Chief Justice of India. Meghwal emphasised the need for parliamentary legislation in accordance with this directive.
A key amendment in the Bill involves the Law Minister leading the search committee instead of the cabinet secretary.
Under this Bill, the President will appoint the CEC and ECs based on the recommendation of a Selection Committee composed of the Prime Minister, a Union Cabinet Minister, and either the Leader of Opposition or the leader of the largest opposition party in Lok Sabha.
This legislation is intended to replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
Opposition members had previously expressed grave concerns about the Bill, labeling it as "one of the biggest blows to democracy" by the Modi government in the last nine years. Certain Congress leaders lamented the shift in perception from electoral credibility associated with the EC to the current perception of compromised elections.
