In a significant development, the Rajya Sabha on Tuesday passed the Chief Election Commissioner and other Election Commissioner (Appointment, Conditions of Service and Term Office) Bill 2023, amid a walkout by opposition. The bill will regulate the Appointment, Conditions of Service and Term of Office of the Chief Election Commissioner and other Election Commissioners, along with the Procedure for Transaction of Business by the Election Commission.
Furthermore, the bill seeks to establish a committee of the Prime Minister, the leader of Opposition in Lok Sabha, and a Cabinet Minister nominated by the PM. This committee will select members of the Election Commission. Notably, the bill comes after the Supreme Court’s verdict on March 2, this year, which said that CEC and ECs will be picked up by a committee consisting of the PM, Leader of Opposition, and the Chief Justice of India. In the now-passed bill, the recommended position of CJI has been replaced by a Cabinet Minister nominated by the PM.
The bill was introduced in the Parliament on August 10, during the Monsoon Session, and seeks to replace the 1991 Act which did not have the clause regarding appointment of CEC and ECs.
During the debate in the Upper House, Law Minister Arjun Meghwal said that the new legislation is necessary as the 1991 act had certain weaknesses. On Opposition’s allegation that the bill has been brought to circumvent SC’s verdict, Meghwal, while rebutting the same, said that the bill is in accordance with the direction of the Apex Court. He added that the bill will also ensure the separation of power as enshrined in the Constitution. (BYTE 7: FROM START TO 0.56)
A provision for salaries has also been brought through the amendment. A report by news agency Press Trust of India citing source said that the proposed official amendment says the CEC and other commissioners shall be paid a salary which is equal to the salary of a judge of the Supreme Court.
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