After Outcry, Govt Modifies Bill To Bring Top Election Officers On Par With Supreme Court Judges

The bill, which provides for the appointment and removal of the country's top election officers, was introduced by Law minister Arjun Ram Meghwal in Rajya Sabha on Tuesday.

A view of the Election Commission of India building, Nirvachan Sadan, in New Delhi

Source : Getty

After backlash from Opposition parties, the government made changes to the Chief Election Commissioner and other Election Commissioners Bill, 2023, to retain the status of the top three Election Commission officers on par with Supreme Court (SC) judges, PTI reported.

The earlier version of the bill had proposed making the salary and conditions of service of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) equivalent to that of Cabinet Secretary rank.

The bill, which provides for the appointment and removal of the top election officers, was introduced by Union Law minister Arjun Ram Meghwal in Rajya Sabha on Tuesday.

"The CEC and other commissioners shall be paid a salary which is equal to the salary which is equal to the salary of a judge of the Supreme Court," the new bill says, PTI reported quoting sources.

The earlier version of the bill had also proposed that a search committee that would send a panel of five names to the selection committee for consideration as CEC and ECs would be headed by the Cabinet Secretary. The Cabinet Secretary has been replaced with the Union Law Minister in the amended bill. 

The amendments to the bill come after Congress and some Opposition parties called the legislation a "blatant attempt" at making the Election Commission a "puppet in the hands of the Prime Minister". Some former CECs had also opposed the bill, saying it would go against the independence of the autonomous institution.

However, the government has not changed the proposal of replacing the Chief Justice of India with a Union Cabinet Minister in the selection committee -- another provision that came for criticism by the Opposition. Apart from the Cabinet Minister, the selection panel would comprise of the Prime Minister and Leader of Opposition.

The provision nullifies the Supreme Court's suggestion in a ruling delivered in March this year that a panel consisting of the PM, Leader of Opposition in Lok Sabha, and the Chief Justice of India must select the CEC and Election Commissioners. 

The five-judge bench, headed by Justice KM Joseph, said this norm should be followed till a legislation on the issue was passed by Parliament.

The SC directive was meant to insulate the appointment of top poll officers of the election watchdog from the executive's interference.