Rajya Sabha passes election commissioner appointment bill, key changes made
The Rajya Sabha on Tuesday passed the Chief Election Commissioner (CEC) and Other Election Commissioners (ECs) (Appointment, Conditions of Service, and Term of Office) Bill, 2023, moved by Union Law Minister Arjun Ram Meghwal. A key provision is maintaining the status of the CEC and ECs at par with Supreme Court judges. This bill follows the SC's March verdict mandating a CEC/EC selection panel comprising the prime minister, the chief justice of India (CJI), and the leader of the opposition.
Why does this story matter?
Presenting the bill in the Upper House of the Parliament, Meghwal said crucial amendments to safeguard election commissioners from sudden removal and address other concerns have been made. However, some opposition leaders raised concerns. Congress MP Randeep Singh Surjewala questioned the legislation, asserting it negated the spirit of the Indian Constitution. But as lawmakers from opposition parties walked out in protest of the proposed legislation, the House cleared the bill via voice vote.
Bill guarantees election commissioners' protection
The revamped bill incorporates changes guaranteeing protection for ECs from removal unless recommended by the CEC. It revises a provision in the previous version tabled in August on the CEC and ECs' salaries, promising SC judge-equivalent pay. However, a provision substituting the CJI with a Union minister in the selection panel has been retained. This has triggered criticism from the opposition, which argued that replacing the CJI with a Union minister would give an upper hand to the ruling party.
Watch: Meghwal moves CEC, ECs appointment bill in Rajya Sabha
Replaces cabinet secretary with law minister in search panel
Another notable amendment involves replacing the "cabinet secretary" with the "Union law minister" in the initial search committee tasked with preparing a list of five names for the selection panel's consideration. The search committee formerly included a cabinet secretary and two senior officials. In addition to the changes in the search and selection panels, the amended bill also provides that no civil or criminal proceedings could be initiated against the CEC and ECs over the discharge of their official duties.
Bill provides for qualification for CEC/EC selection
The bill states only those who are serving or have served as secretary-rank officers are eligible to become the CEC or ECs. Former CEC SY Quraishi welcomed this change and told NDTV, "Till today, there was no qualification...anyone from the street can be picked up and made an election commissioner." "The new bill says that only secretary-rank officers or their equivalents will be posted," he added. However, Quraishi and other ex-election commissioners expressed concern about selection panel changes.
