Bill regulating appointment of Chief Election Commissioner and other officials passed by Lok Sabha

On Thursday a contentious bill regarding the appointment and service terms of the Chief Election Commissioner and other Election Commissioners was passed by the Lok Sabha.

Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 was passed by the Rajya Sabha on December 13.

The bill governs the terms of service and appointment of India’s top election officials. The bill solidified the executive’s control over the Election Commission of India (ECI) months ahead of the 2024 Lok Sabha elections.

After the Supreme Court, ruled that for the appointment of Election Commissioners, the selection panel will comprise the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI), this bill was introduced. The new bill gives the government a 2-1 majority on the panel by substituting a Cabinet minister for CJI.

The court stated in its ruling that a law governing the selection of CECs and ECs was necessary because at the time there was no such system in place.

To keep the ECs selection process fair, the Supreme Court issued this directive. Nonetheless, the new bill has removed the Chief Justice of India from the selection committee to exclude the Supreme Court’s involvement in the process.

The new bill prohibits courts from considering civil or criminal cases involving current or former CECs or ECs for actions taken or remarks made while performing official duties or functions.

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