Background:

During the Winter Session, the Rajya Sabha approved the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023. This legislation aimed to regulate the appointment, service conditions, and tenure of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs), as well as outline the Election Commission’s operational procedures. The bill, introduced on August 10, underwent thorough deliberation and was finally passed following a detailed discussion in the upper house.

Key Provisions:  

The bill sought to replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, focusing on the appointment, remuneration, and removal of the CEC and ECs. The president would appoint these officials based on recommendations from a selection committee comprising the prime minister, a union cabinet minister, and the leader of the opposition or the largest opposition party’s leader in the Lok Sabha. A search committee, chaired by the Law Minister, would propose candidates meeting eligibility criteria equivalent to a central government secretary’s position. Initially, the legislation suggested aligning the CEC and ECs’ salaries with that of a cabinet secretary but was later amended to maintain parity with a Supreme Court judge’s emolument, addressing concerns raised by former CECs.

Amendments and Controversy:

An amendment introduced by the government responded to concerns over salary disparity, ensuring the CEC and ECs’ remuneration at the level of a Supreme Court judge. This amendment also revised the search committee and the process for the removal of these officials. Additionally, it included a clause protecting CEC and ECs from legal actions concerning their official duties. Notably, the bill excluded the Chief Justice of India from the selection committee, deviating from a Supreme Court direction earlier this year stipulating the chief justice’s involvement in the election commissioners’ selection process for ensuring their autonomy.

Debate in Rajya Sabha:  

During the debate, Rajya Sabha Chairman Jagdeep Dhankhar emphasized Parliament’s supremacy in law-making, stating that judicial opinions should not interfere with legislative functions. This remark came amidst references to a recent Supreme Court judgment concerning election commissioner appointments. The passage of the bill in the upper house saw opposition members staging a walkout, citing concerns over executive dominance and the erosion of the election commission’s independence.