Decoding the Election Commissioner Bill and the debate around it

NEW DELHI: In a big move the highly contentious Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, has been passed by the Rajya Sabha in the winter session recently, amidst a walkout by the Opposition.

The Centre has made some key amendments to the controversial Bill which replaces the Chief Justice of India with a Union Cabinet Minister in the selection panel for the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).

The Bill has been brought in following a Supreme Court judgment in March, which had ordered a panel comprising the Prime Minister, Chief Justice of India, and the leader of the opposition for the selection of the Chief Election Commissioner and Election Commissioners.

The Opposition argued that replacing the Chief Justice of India with a Union Cabinet Minister in the selection panel runs contrary to the judgment of the Supreme Court as it would place the power of picking the election commissioners back firmly in the hands of the executive, since it would have two of the three members in the committee.
While denying the Opposition’s charges, Union Law Minister Arjun Ram Meghwal said in the Rajya Saba that the Bill had been prepared following a direction from the Supreme Court. 

“So far, the appointments had not been guided by any laws, and the Bill made the process transparent,” Mr. Meghwal said.

One of the most important amendments is the clause that safeguards CEC and ECs from legal proceedings related to actions taken during their tenure, provided such actions were carried out in the discharge of official duties

A new clause, 15(A), has been added to the bill, which specifies that no civil or criminal proceedings can be initiated against the CEC and the ECs in the discharge of their official duties, Union Law Minister Arjun Ram Meghwal said while presenting the Bill. 

Notably, accepting suggestions from former CECs, the Centre brought two official amendments, bringing the protocol of the CEC and ECs at par with Supreme Court judges, with similar salaries and emoluments.

The Law Minister said the 1991 Act did not have a clause related to the appointment of the CEC and other ECs. The names of the Commissioners had so far been decided by the government, and from now on, a search and Selection Committee would overlook the process, the Law Minister further added.  

The Opposition wanted to send the Bill to a Select Committee but this was rejected by the House.