Government Proposes Significant Amendments to Safeguard Top Election Commission Posts in Revised Bill

New Delhi: The contentious bill aiming to replace the Chief Justice of India with a Union Cabinet minister in the selection panel for the Chief Election Commissioner and election commissioners is scheduled for tabling in the Rajya Sabha today. The Center has, however, made certain amendments to address objections from the Opposition and some former chief election commissioners.

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, stems from a Supreme Court judgment in March mandating the formation of a panel consisting of the Prime Minister, Chief Justice of India, and the leader of the opposition for selecting the Chief Election Commissioner and election commissioners.

Responding to petitions seeking a transparent collegium-like system for appointing election commissioners, the Supreme Court had specified that in the absence of a leader of the opposition in the Lok Sabha, a representative of the single-largest opposition party should be included in the panel.

Originally intended for tabling during the special session in September, the government decided to postpone the bill due to strong opposition. The bill, among other provisions, suggested equating the salary, allowance, and service conditions of the CEC and other ECs with those of the Cabinet Secretary instead of Supreme Court judges.

While the government retained the provision of substituting the Chief Justice of India with a Union Cabinet minister in the selection panel, it decided to maintain the status of the CEC and the ECs as equivalent to Supreme Court judges. This ensures protection for the Election Commissioners from removal except with a recommendation from the chief election commissioner, addressing a key demand from former CECs.

A crucial amendment replaces the Cabinet secretary in the initial search committee, tasked with preparing a panel of five names for the selection panel, with the Union law minister. The opposition contends that this replacement contradicts the Supreme Court's judgment, placing considerable power back in the hands of the executive.

Former CEC SY Quraishi, while expressing concerns over the selection panel's composition and the perceived "downgrading" of the CECs and ECs, acknowledged positive features in the bill. He highlighted the introduction of qualifications for the selection of election commissioners and emphasized the bill's proposal to extend protection from removal, available to the CEC, to the two election commissioners.

The bill's discussion is expected to unfold in the Rajya Sabha, with scrutiny and debate over its provisions and potential implications for the electoral process.