Upper House Passes Bill on Appointing Chief Election Commissioner and Other Election Commissioners

Context: The Rajya Sabha on 12th December, 2023 passed the bill to regulate the appointment conditions of the chief election commissioner and other election commissioners. 

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023

• Purpose of the Bill: The proposed Bill repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
• The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 was introduced in the Rajya Sabha on August 10, 2023.
• Supreme Court Judgement (In Anoop Baranwal v. UOI case, 2023): Until the government forms a law on this, the selection panel of chief election commissioner and other election commissioners will have three members – the PM, the Leader of Opposition and the CJI.

Key Provisions of the Bill

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, introduces significant changes to the appointment and service conditions of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) in India.

• Selection Committee for Appointments: The chief election commissioner and other election commissioners will be appointed by the President based on the recommendation of a Selection Committee comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha.
• Validity of Recommendations: Recommendations made by the Selection Committee will be valid even in case of a vacancy in the Committee.
• Search Committee: A Search Committee, headed by the Law Minister will propose a panel of names to the Selection Committee. Eligibility for these posts includes holding (or having held) a post equivalent to the Secretary to the central government.
• Salary and Conditions of Service: The salary and conditions of service of the chief election commissioner and other election commissioners will be equivalent to the salary of a Supreme Court Judge.
• Term and Reappointment: Members of the Election Commission will hold office for six years or until they attain the age of 65 years, whichever is earlier. They cannot be re-appointed.
• Removal Process: The manner of removal of the CEC and ECs is retained as specified in the Constitution{Article 324(5)}.
  • The CEC removable in the same manner as a Supreme Court Judge and the ECs removable only upon the recommendation of the CEC.
• Status of CEC and ECs: They enjoy the status of a judge of the Supreme Court. The Bill has retained that status.
• Safeguards CEC and ECs from legal proceedings: It is related to actions taken during their tenure, provided such actions were carried out in the discharge of official duties.
  •  The amendment aimed to shield these officials from civil or criminal proceedings related to their official functions.
  • These changes aim to redefine the process of appointment and the service conditions of the election commissioners, impacting the operational dynamics of the Election Commission of India

Debates around the Bill

• Select Committee Rejected: The Opposition wanted to send the Bill to a select committee but this was rejected by the House.
• Against SC Judgement: Several Opposition leaders said that the government has defied the Supreme Court judgement by removing the chief justice of India from the panel and replacing it with a cabinet minister.
• Question on intent of the bill: It could negate and subjugate the Election Commission to the authority of the Executive.

For further Information: Appointment of CEC and EC

Source: Economic Times