Parliament passes bill on appointment, service conditions of CEC, ECs
The Lok Sabha passed a bill to establish a mechanism for the appointment of Chief Election Commissioner (CEC) and Election Commissioners (EC) after a brief discussion on Thursday. The Rajya Sabha gave its go-ahead to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, on December 12.The bill will replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
Why does this story matter?
Presenting the bill in the Upper House of Parliament last week, Law Minister Arjun Ram Meghwal said major amendments were made to safeguard ECs from sudden removal and address other concerns. However, some opposition MPs raised concerns, with Congress leader Randeep Singh Surjewala asserting that it negated the spirit of the Constitution. The bill directly conflicts with the Supreme Court's direction that the EC should be appointed by a panel comprising the Prime Minister, Leader of the Opposition, and CJI.
Bill guarantees election commissioners' protection
The bill incorporates changes guaranteeing protection for ECs from removal unless recommended by the head of the Election Commission. It also 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 Chief Justice of India (CJI) with a Union minister in the selection panel has been retained.
Other key changes in amended bill
Another major revamp involves replacing the "cabinet secretary" with the "Union law minister" in the initial search committee that prepares a list of five names for the selection panel's consideration. Earlier, the search committee included two senior officials and a cabinet secretary. Furthermore, the bill states that those serving or who served as secretary-rank officers are eligible to become the CEC/ECs.
Know about recent Parliament security breach
This bill was passed amid the suspension of 144 opposition MPs during the Parliament Winter Session for alleged "unruly conduct." Their suspension came as opposition MPs protested the lapse in Parliament security and demanded that Home Minister Amit Shah address the matter. On December 13, two men jumped into the Lok Sabha chamber from the visitors' gallery and opened canisters emitting yellow smoke. Simultaneously, two other protesters staged a similar agitation outside the Parliament complex before being arrested.
