Advertisement
The Centre has introduced crucial amendments to the contentious bill that replaces the Chief Justice of India with a Union Cabinet minister in the selection panel for the Chief Election Commissioner (CEC) and election commissioners. The revised Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, is set to be presented in the Rajya Sabha today, addressing objections from the Opposition and former chief election commissioners.
The bill’s genesis lies in a March Supreme Court judgment mandating the inclusion of the Prime Minister, Chief Justice of India, and the leader of the opposition (or their representatives) on the panel for selecting the CEC and election commissioners. The court’s directive also specified that, in the absence of a leader of the opposition, a representative from the single-largest opposition party would participate in the panel. The proposed legislation seeks to alter the salary, allowance, and service conditions of the CEC and other ECs, aligning them with those of the Cabinet Secretary, diverging from their current equivalence to Supreme Court judges.
Despite retaining the provision to replace the Chief Justice of India with a Union Cabinet minister in the selection panel, the government has opted to maintain the status of the CEC and ECs equivalent to that of Supreme Court judges. This ensures protection for Election Commissioners from removal unless recommended by the chief election commissioner—a key demand from former CECs.
Another significant amendment involves replacing the Cabinet secretary with the Union law minister in the initial search committee, which prepares a panel of five names for the consideration of the selection panel. While the opposition contends that the substitution of the Chief Justice of India with a Union Cabinet minister contradicts the Supreme Court’s judgment, former CEC SY Quraishi has acknowledged positive aspects of the bill, including qualifications for the selection of election commissioners.
Mr. Quraishi emphasized the importance of extending the protection from removal, available to the CEC, to the two election commissioners. He conveyed that a detailed representation was submitted to the government in line with the spirit of the Constitution. The government’s amendments attempt to balance the concerns raised by stakeholders, offering a nuanced approach to the appointment and conditions of service for top election officers.
