The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was passed in the Rajya Sabha on Tuesday amid a walkout by the Opposition. The Bill seeks to regulate the appointment, conditions of service and term of office of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs), and the procedure for transaction of business by the Election Commission.

The Bill also seeks to establish a committee comprising the Prime Minister, Leader of Opposition and a Cabinet minister nominated by the PM to select members of the Election Commission of India. The Supreme Court had on March 2 ruled that a selection committee consisting the PM, LoP and the Chief Justice of India would choose ECI members and the CEC. The Bill cleared by the Rajya Sabha overturns the Supreme Court verdict in this regard.

Replying to the debate on the consideration and passage of the Bill, Meghwal said that the new legislation has been necessitated as the earlier Act had certain weaknesses. He said that while the selection of the CECs and ECs was done by the government, the Bill sets up a search and selection committee for the purpose. The minister added that a provision for salaries has also been brought through an amendment in the Bill, besides the introduction of a clause to protect the CEC and ECs from legal proceedings for actions taken while carrying out their duties.

The Bill was opposed vehemently by Opposition parties who claimed that it subjugates the Election Commission to the authority of the executive. “The proposed legislation completely negates and violates the very spirit of the Constitution that is enshrined in Article 14. It completely negates and subjugates the Election Commission to the authority of the Executive and it does away willingly, maliciously the judgment of the Supreme Court and that is why this law is per se like a stillborn child,” senior Congress MP Randeep Surjewala said reacting to the introduction of the Bill.

Surjewala further claimed that the appointment committee had been reduced to an “empty formality” as it comprises the Prime Minister and members nominated by him and alleged that the Centre does not want an “independent” Election Commission. “An independent appointment mechanism would guarantee eschewing of even the prospect of bias …. this is what this government is afraid of. I’m saying it with a sense of responsibility, for they don’t want an independent Election Commission, CEC and EC. They want a pocket borough,” Surjewala said.

However, the Law minister countered the argument that the Bill was brought in to circumvent the order of the Supreme Court and said that it complies with the judgment which directed the constitution of a selection committee. The minister added that the Bill had also been brought to ensure the separation of power in accordance with the Constitution of India.

A report by news agency PTI said citing sources that the proposed official amendment says “the CEC and other commissioners shall be paid a salary which is equal to the salary of a judge of the Supreme Court.” Another proposed amendment is that a search committee headed by the Union Law Minister comprising two other members not below the rank of secretary to the government of India shall prepare a panel of five persons for the selection committee.

(With PTI inputs)