The Rajya Sabha on Tuesday passed a Bill to regulate the appointment and service terms of the Chief Election Commissioner and Election Commissioners.
The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was passed in the Upper House of Parliament with a voice vote.
Moving the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 for consideration and passage, Law Minister Arjun Ram Meghwal said the legislation has been brought in view of the Supreme Court judgement of March this year while hearing a PIL.
He said the Bill was introduced in the Upper House 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 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 matter related to salary has also been introduced through an amendment in the Bill.
Replying to the debate, Meghwal said the new legislation has been necessitated as the earlier Act had certain weaknesses.
He also rebutted Opposition allegations that the Bill has been brought to circumvent a judgement of the Supreme Court related to the appointments of the CEC and the ECs. Rather, he said, it is in accordance with the direction of the apex court judgement and also to ensure the separation of power as enshrined in the Constitution.
The Bill triggered a reaction from the Congress, which alleged that the proposed legislation “subjugates” the poll authority to the executive and violates the Constitution.
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, the Law Minister said.
Several Opposition parties in the Rajya Sabha expressed apprehension that the new Bill to regulate the appointment of election commissioners will allow the ruling party to appoint ‘yes men’ and influence their conduct which would harm democracy.
“It completely negates and subjugates the Election Commission to the authority of the Executive and it does away willingly, maliciously the judgement of the Supreme Court and that is why this law is per se like a stillborn child,” Congress MP Randeep Singh Surjewala claimed.
Surjewala initiated the debate on the Chief Election Commissioners and Other Elections Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023 which was later passed in the Upper House with a voice vote.
The Congress MP said there was a time when the word “EC” meant “Electoral Credibility”. “Unfortunately, you have decided to make it ‘Election Compromised’,” he charged.
AAP member Raghav Chadha claimed that for the second time within a few months, the Government has attempted to overturn a Supreme Court judgement which is an “insult” to the apex court. “This Bill is illegal. You cannot overturn the SC judgment without changing the basis of the judgement. This Bill is against the basic structure of the Constitution. The basic structure of the Constitution is of free and fair election,” Chadha said.
He alleged through the Bill the Government wants to put a system in place so that they can appoint their “yes men”. “They can make Sambit Patra as CEC. How dangerous will it be if he becomes chief election commissioner,” Chadha said.
However, Meghwal, in his reply rebutted the Opposition allegations that the Bill has been brought to circumvent a judgement of the Supreme Court related to the appointments of CEC and ECs.
Rather, he said, it is in accordance with the direction of the apex court judgement and ensures the separation of power as enshrined in the Constitution.
While Trinamool Congress member Jawhar Sircar alleged the status of the CEC and other election commissioners was being deliberately lowered from that of a Cabinet Secretary, DMK member Tiruchi Shiva also opposed the Bill and demanded that it be sent to a select committee for review.
BJD member Amar Patnaik supported the Bill, saying the working of the ECs is not affected by the appointment process. He said there have been several elections after 1989 when no party was able to get an absolute majority but election commissioners continued to hold free and fair elections.
“Indira Gandhi’s Government was thrown out in 1977 and that shows that the Election Commission’s transaction of business which is covered under under Sections 16 and 17 in Chapter Four is not affected by the appointment process,” Patnaik said. The BJD member, however, sought clarification on the clause on disqualification of election commissioners.
