Parliament approves bill on process to appoint CEC, ECs

The Parliament on Thursday gave its nod to a Bill which seeks to establish a mechanism to appoint the chief election commissioner and election commissioners with Law Minister Arjun Ram Meghwal asserting that it's in line with the Supreme Court's directions.

The Lok Sabha passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 by a voice vote after a brief discussion.

The Rajya Sabha had cleared it on December 12.

Responding to the debate, Law Minister Meghwal said the 1991 Act on the service conditions of the CEC and ECs was a half-baked attempt that left out the key aspect of appointments and the present Bill covers such areas.

He also rejected suggestions that the proposed law was against the directions of the Supreme Court, which had asked the government to put in place a law on the appointments of the CEC and ECs.

He noted that the top court had said in March this year that till the time a law is in place, a three-member panel, headed by the prime minister and comprising the leader of the opposition in Lok Sabha and the Chief Justice of India, will select the CEC and ECs.

Meghwal said the bill is in consonance with the SC ruling and not against it. He said the committee mentioned in the judgment was a 'stop-gap' arrangement.

Before the SC ruling, the CEC and ECs were appointed by the President on the recommendation of the government.

Referring to points raised by some members during the course of the debate, the minister said as per the doctrine of separation of powers, appointments to the poll panel come under the domain of the Executive and the prime minister has to be a part of it.

When the Bill came up for consideration in the Rajya Sabha earlier this month, the government had moved several amendments against the backdrop of protests by opposition parties and former CECs on various provisions.

Now, once the amended bill becomes a law in the coming days, a search committee headed by the law minister and comprising two Union secretaries will shortlist five names for consideration of the selection committee for appointment as the CEC and ECs.

The panel headed by the prime minister and comprising a Union minister nominated by the prime minister and the leader of opposition (LoP) in the Lok Sabha will select members of the Election Commission.

In case there is no LoP in the Lower House, the leader of the single largest opposition party in the Lok Sabha will be deemed to be the LoP.

The selection panel will have the power to consider even those not shortlisted by the search committee.

A vacancy will arise in the poll panel when Election Commissioner Anup Chandra Pandey demits office on February 14 next year.

He will retire on attaining the age of 65 and days before the EC is likely to announce the schedule for the Lok Sabha elections.

In 2014 and 2019, Lok Sabha polls were announced in March.

According to the amended Bill, the government has decided to retain the status of the CEC and ECs on par with judges of the Supreme Court.

According to the Bill, the CEC and ECs will be paid a salary equal to that of a Supreme Court judge.

A new clause has been inserted in the amended bill to protect the CEC and ECs from court cases while discharging their official duties.

It states that notwithstanding anything contained in any other law in force for the time being, no court shall entertain or continue any civil or criminal proceedings against any person who is or was a CEC or an EC.

The new clause comes against the backdrop of a Telangana high court order placing under suspension a special sessions judge in connection with a 'direction' given by him to police for registering a first information report (FIR) against CEC Rajiv Kumar and several others, saying the judge acted in 'undue haste'.

Another amendment now part of the Bill makes it clear that the CEC shall not be removed from his office except in like manner and on like grounds as a judge of the Supreme Court.

It also states that ECs shall not be removed from office except on the recommendation of the CEC.

These two clarifications are in line with constitutional provisions mentioned in Article 324 dealing with the Election Commission.

The CEC and ECs will be appointed from amongst persons who are holding or have held a post equivalent to the rank of secretary. The President will appoint members of the poll panel.

Participating in the debate, the Biju Janata Dal's B Mahtab said the primary focus should not be on the presence of the chief justice of India in the search committee but on ensuring independence of the Election Commission.

"Amid all the talks about democratic backsliding in India in certain forums, it is notable that nothing is being said about the lack of fairness of the election process. Credit for this goes to the Election Commission of India," Mahtab said.

All India Majlis-e-Ittehadul Muslimeen MP Asaduddin Owaisi opposed the Bill calling it 'arbitrary and biased'.

"If voters start feeling like the ECI is not impartial, the legitimacy of our democracy comes into question," he said.