Government Revises Controversial Bill, Introduces Key Amendments To Safeguard Top Election Officers

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, set to be tabled in the Rajya Sabha today, has stirred controversy due to its proposal to replace the Chief Justice of India with a Union Cabinet minister in the selection panel for the Chief Election Commissioner and election commissioners. Initially prompted by a March Supreme Court judgment, which mandated a panel comprising the Prime Minister, Chief Justice of India, and the leader of the opposition, the bill has undergone amendments following objections from the Opposition and former chief election commissioners.

The Supreme Court, responding to petitions advocating for a collegium-like system to ensure transparency in election commissioner appointments, specified that if there’s no leader of the opposition in the Lok Sabha, a representative of the single-largest opposition party should be on the panel. The government had planned to introduce the bill in a special session in September, but it faced strong resistance from the opposition. The original proposal sought to strip the Chief Election Commissioner and other election commissioners of their status as Supreme Court judges and align their salary, allowance, and service conditions with those of the Cabinet Secretary, diverging from the current alignment with Supreme Court judges.

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Despite retaining the provision to replace the Chief Justice of India with a Union Cabinet minister in the selection panel, the government decided to maintain the CEC and ECs’ status as equivalent to Supreme Court judges. This preserves protection for Election Commissioners from removal except with a recommendation from the chief election commissioner, addressing a key concern raised by former CECs.

The bill originally outlined an initial search committee comprising the Cabinet secretary and two senior officials to prepare a panel of five names for consideration. A significant amendment replaces the Cabinet secretary in this committee with the Union law minister.

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Opposition parties argue that replacing the Chief Justice of India with a Union Cabinet minister in the selection panel would concentrate power in the executive, with two of the three panel members being from the government. Former CEC SY Quraishi expressed concerns over the composition of the selection panel and the perceived “downgrading” of the CECs and ECs to the level of the cabinet secretary. However, he acknowledged positive aspects of the bill, including the introduction of qualifications for election commissioners, restricting eligibility to secretary-rank officers or their equivalents.

Quraishi emphasized the importance of the bill’s provision for a shortlisting committee, though suggesting potential improvements in its composition. Notably, he highlighted the crucial demand for extended protection from removal for the two election commissioners, akin to that provided to the CEC.

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In October, Mr. Quraishi communicated a detailed representation to the government, aligning with constitutional principles, to address the concerns and ensure the bill aligns with the spirit of the Constitution. The ongoing debate underscores the delicate balance between executive authority and transparency in the crucial process of appointing election commissioners.