The Indian Parliament has approved a bill aimed at regulating the appointment and service terms of the Chief Election Commissioner (CEC) and election commissioners. The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, received approval from Lok Sabha after a brief debate, following its passage in Rajya Sabha last week.
The legislation addresses aspects such as appointment, qualifications, Search Committee, Selection Committee, term of office, salary, resignation and removal, leave, and pension of the Chief Election Commissioner and other election commissioners. Law Minister Arjun Meghwal highlighted that the bill responds to a Supreme Court judgment, as the existing Election Commission Act of 1991 lacks provisions regarding qualifications and the constitution of a search committee.
Meghwal referred to the Supreme Court’s directive that the President should appoint the CEC and election commissioners based on the advice of a committee comprising the Prime Minister, the Leader of the Opposition in Lok Sabha or leader of the largest opposition party, and the Chief Justice of India. The court emphasized that this norm would persist until a parliamentary law is enacted, prompting the introduction of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.
An amendment in the bill designates the Law Minister to head the search committee instead of the cabinet secretary. The bill stipulates that the President will appoint the CEC and election commissioners upon the recommendation of a Selection Committee, including the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in Lok Sabha.
The new legislation is set to replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. However, opposition members, despite being suspended for “misconduct” during the winter session, voiced serious concerns, describing the bill as a significant blow to democracy and claiming that the Modi government compromised electoral credibility.