Rajya Sabha Passes Bill On CEC, ECs' Appointment And Service Terms. Oppn Stages Walkout

The Rajya Sabha has passed the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, aiming to regulate the appointment and terms of service.

Union Law Minister Arjun Ram Meghwal speaks in the Rajya Sabha during the Winter session of Parliament, in New Delhi, Tuesday, Dec. 12, 2023. ( Image Source :PTI )

The Rajya Sabha, on Tuesday, successfully passed the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, in a voice vote. The legislation, introduced on August 10, aims to regulate the appointment and service terms of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) and replaces the 1991 Act, which lacked provisions related to their appointments.

Law Minister Arjun Ram Meghwal, in response to the debate, clarified that the new bill addresses the shortcomings of the previous Act and aligns with the Supreme Court's direction. He denied Opposition claims suggesting the legislation was an attempt to bypass a recent Supreme Court judgment on CEC and EC appointments, news agency PTI reported.

Meghwal highlighted the significant changes introduced by the bill, stating, "Until now, the names of the appointees were decided by the government, but now a search and selection committee has also been constituted, and the matter related to salary has also been introduced through an amendment in the bill."

The amendment includes the payment of salaries equivalent to that of a Supreme Court judge for CEC and ECs, PTI reported sources as saying.

Additionally, the bill introduces a clause protecting the CEC and ECs from legal proceedings for actions taken in the course of their duties. It establishes a search committee led by the Union Law Minister, with two other members not below the rank of secretary to the government of India, tasked with preparing a panel of five persons for the selection committee, PTI's report mentioned.

Centre Doesn't Want Independent Election Commission: Congress

Expressing his concerns, senior Congress MP Randeep Singh Surjewala argued that the proposed legislation contradicts the spirit of the Constitution, violating Article 14. He asserted that the bill diminishes the autonomy of the Election Commission, placing it under executive authority. Surjewala accused the government of attempting to consolidate undue executive control over the electoral body.

"It completely negates and subjugates the Election Commission to the authority of the Executive and it does away willingly, maliciously the judgment of the Supreme Court and that is why this law is per se like a stillborn child," he said, as quoted by the report.

Surjewala criticised the appointment committee, claiming it had been reduced to a mere formality and arguing that an independent mechanism was essential to ensure an unbiased election process. He contended that the proposed law reflected the government's reluctance to have an independent Election Commission.

"An independent appointment mechanism would guarantee eschewing of even the prospect of bias .... this is what this government is afraid of. I'm saying it with a sense of responsibility, for they don't want an independent Election Commission, CEC and EC. They want a pocket borough," Surjewala said, as per PTI.

"The process is arbitrary, the intent is malicious and the result is disastrous. That is what is going to happen," he added.

The Chairman, Jagdeep Dhankhar, intervened during the debate, emphasising the supremacy of Parliament in lawmaking. While Surjewala read a paragraph from a March Supreme Court judgment, Dhankhar reminded the members that Parliament is the sole authority for legislation.