New Delhi, (Samajweekly) The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 was passed in the Rajya Sabha on Tuesday amid walkout by the Opposition members.
The Bill regulates the appointment, conditions of service and term of office of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs), and the procedure for transaction of business by the Election Commission.
The Bill also proposes to establish a committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and a Cabinet minister nominated by the Prime Minister to select the members of the Election Commission.
The Bill aims to overturn the Supreme Court verdict of March 2, which said that a high-power committee consisting of the Prime Minister, Leader of Opposition in the Lok Sabha, and the Chief Justice of India must pick the CEC and ECs.
The Bill was introduced in the House on August 10 during the Monsoon Session.
While moving the Bill for consideration and passage on Tuesday, Union Law Minister Arjun Ram Meghwal said that it has been brought in view of the Supreme Court judgement of March this year that came while hearing a PIL.
Meghwal said the Bill was introduced in the Rajya Sabha on August 10 to replace the 1991 Act and was pending for consideration and passage. The 1991 Act did not have a clause related to appointment of CEC and other ECs.
The minister said that until now, the names of the appointees were decided by the government, but now a search and selection committee has also been constituted, and the matters related to salary have also been introduced through an amendment in the Bill.
The minister further said that a clause related to protection from initiation of legal proceedings against the CEC and ECs for actions taken while carrying out their duties has also been introduced through the Bill.
Meanwhile, Congress MP Randeep Singh Surjewala opposed the Bill, saying the proposed legislation completely “negates and violates the very spirit of the Constitution” that is enshrined in Article 14.
He said the Bill completely negates and subjugates the Election Commission to the authority of the executive and does away willingly and maliciously the judgement of the Supreme Court and that is why this law is per se like a “stillborn child”.
He added that the appointment committee has been reduced to an “empty formality” as it comprises the Prime Minister and members nominated by him.
Surjewala underlined that the poll body is the sole authority for conducting free and fair elections in the country and thus it needs to remain independent.
He also alleged that the government does not want an “independent” poll panel.
The Congress MP said the proposed law is an “ill-conceived attempt” at consolidating undue executive control, total executive control over the electoral body that is the Election Commission.
He also argued that the “process is arbitrary, the intent is malicious and the result is disastrous”.
Surjewala said there was a time when the word ‘EC’ meant ‘Electoral Credibility’, but “unfortunately, you have decided to turn it into ‘Election Compromised'”.
Meanwhile, Congress MP Amee Yajnik also opposed the Bill, saying “Our institutions are meant to function in a fair manner.”
Yajnik said if the poll panel is not able to see that elections are conducted in a transparent manner, where is the component of democracy?
“If a Bill weakens the institution, we won’t have a vibrant democracy,” she said.
