38.6c New Delhi, India, Sunday, June 23, 2024
Legislative Corner

Decoding the Election Commissioner Bill and the debate around it

By Mahima Katal      15 December, 2023 04:01 PM      0 Comments

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.



Share this article:

About:

Mahima Katal, journalist with a commitment to high-quality research, writing, and production. Proven...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

SC Issues Notice to Centre on PIL by Ashwini Upadhyay to Debar Candidates From Contesting Polls on Framing of Charges  [Read Petition] SC Issues Notice to Centre on PIL by Ashwini Upadhyay to Debar Candidates From Contesting Polls on Framing of Charges [Read Petition]

A bench of Justices K M Joseph and Hrishikesh Roy sought a response from the Union government's Law and Justice and Home Ministries, and the Election Commission on plea by BJP leader and advocate Ashwini Kumar Upadhyay.

Telangana High Court Suspends Judge for Directing FIR Against Chief Election Commissioner and Others Telangana High Court Suspends Judge for Directing FIR Against Chief Election Commissioner and Others

Telangana High Court suspends sessions judge for ordering FIR against Chief Election Commissioner Rajiv Kumar and others. The judge had directed police to register the FIR based on a complaint by the Election Commission of India.

Amicus curiae supports plea for permanent disqualification of convicted lawmakers [Read Report] Amicus curiae supports plea for permanent disqualification of convicted lawmakers [Read Report]

Explore the plea for permanent disqualification of convicted lawmakers in India. Discover why legal experts argue that limiting disqualification to six years is arbitrary and violates Article 14 of the Constitution. Dive into the debate surrounding this crucial issue.

Supreme Court Rejects EVM Source Code Audit Plea, Citing Hacking Concerns Supreme Court Rejects EVM Source Code Audit Plea, Citing Hacking Concerns

The Supreme Court declines a plea for an audit of Electronic Voting Machine (EVM) source code, citing concerns about potential hacking risks. The petitioner sought transparency and adherence to standards in EVM source code audits.

TRENDING NEWS

new-anti-cheating-law-enacted-analysis
Trending Executive
New Anti-Cheating Law enacted: Analysis

In-depth analysis of India’s new Anti-Cheating Law, the Public Examinations (Prevention of Unfair Means) Act, 2024, aimed at curbing exam malpractices.

22 June, 2024 11:38 AM
calcutta-hc-closes-suit-between-dabur-india-and-youtuber-dhruv-rathee-for-trademark-infringement-of-real-fruit-juice
Trending Judiciary
Calcutta HC closes suit between Dabur India and YouTuber Dhruv Rathee for trademark infringement of Real fruit juice [Read Order]

A year after Calcutta High Court said that Youtuber Dhruv Rathee crossed the 'Lakshman Rekha', Rathee's proposal to withdraw 'Real' juice trademark from video gets accepted by Dabur.

22 June, 2024 02:47 PM

TOP STORIES

women-including-housewife-approach-ncw-against-controversial-ips-officer-gyaneshwar-singh
Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
courts-this-week-law-street-journal-s-weekly-round-up-of-sc-anf-hcs-june-10-june-15
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [June 10 - June 15]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

17 June, 2024 03:29 PM
man-sues-apple-for-5-million-blaming-company-for-divorce-after-wife-discovers-deleted-messages-with-sex-workers
Trending Business
Man sues Apple for £5 million, blaming company for divorce after wife discovers ‘deleted messages’ with sex workers

A UK man sues Apple for £5M, claiming their unclear policy on deleted messages led to his divorce after his wife found texts to sex workers on another device.

17 June, 2024 04:26 PM
ex-karnataka-cm-yediyurappa-appears-before-cid-for-pocso-case-probe-with-protection-of-no-arrest
Trending Crime, Police And Law
Ex-Karnataka CM Yediyurappa appears before CID for POCSO case probe, with protection of 'no arrest'

Ex-Karnataka CM Yediyurappa appears before CID for POCSO case probe, denies allegations, granted ‘no arrest’ protection. Next hearing: June 28.

17 June, 2024 04:46 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email