Why in news?

Recently, the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was introduced in Rajya Sabha.

About Election Commission of India:

• Election Commission is a permanent and independent body.
• By Article 324 of the Constitution of India, it is vested with the power of conducting elections to –
  • Parliament,
  • State Legislatures,
  • Office of President and Vice-President of India.

Appointment and Tenure of Commissioners:

• The Constitution does not lay down a specific legislative process for the appointment of the Chief Election Commissioner and Election Commissioners.
  • Article 324(2) says appointment of CEC and other ECs shall be subject to provisions of any law made by the Parliament.
  • However, no such law has been framed so far.
• The President makes the appointment on the advice of the Union Council of Ministers headed by the Prime Minister.
• They have tenure of six years, or up to the age of 65 years, whichever is earlier.
• They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
• The CEC can be removed from office except in same manner and on the same grounds as a judge of the Supreme Court.
• The Constitution has not debarred the retiring Election Commissioners from any further appointment by the Government.

What are the Key Features of the Bill?

• Composition of the Selection Committee:
  • The Selection Committee will consist of,
    • the Prime Minister as Chairperson,
    • the Leader of the Opposition in Lok Sabha as member
      • If the Leader of Opposition in Lok Sabha has not been recognised, the leader of the single largest opposition party in Lok Sabha will assume the role.
    • a Union Cabinet Minister nominated by the Prime Minister as member.
• Search Committee:
  • The Bill proposes the establishment of a Search Committee to prepare a panel of five persons for consideration for the positions of CEC and ECs.
  • The Search Committee will be headed by the Cabinet Secretary and will also include two members not below the rank of Secretary who have knowledge and experience in matters related to elections.
• Can not be Invalidated due to Vacancy:
  • The appointment of the CEC and other ECs will not be invalidated due to any vacancy or defect in the constitution of the Selection Committee.
• Repealing of Previous Act:
  • The proposed Bill repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
  • The business of the Election Commission will be governed by the new Act once it is passed.
  • The 1991 Act provides that the salary of the ECs will be equal to that of a Supreme Court judge.
  • The Bill provides that salary, allowance, and service conditions of the CEC and other ECs will be the same as that of the Cabinet Secretary.
• Unanimity and Majority Decision:
  • The Bill maintains the provision that the business of the Election Commission should be transacted unanimously whenever possible. In case of a difference of opinion, the majority’s view will prevail.

What are the Concerns?

• Balance of Power:
  • The Prime Minister and a Cabinet Minister (nominated by the Prime Minister) forming part of the three-member committee, the Leader of Opposition is left with a minority vote even before the process begins.
  • This raises questions about the balance of power within the committee and whether the selection process truly ensures independence or remains skewed in favor of the Executive.
• Impact on Electoral Governance:
  • The proposed changes may have implications for the autonomy and functioning of the ECI.
  • The independence of the Election Commission is crucial for ensuring impartiality and integrity in the conduct of elections. Any perceived influence of the Executive in the selection process might raise concerns about the EC’s ability to carry out its responsibilities without bias.
• Alignment with Framers’ Intentions:
  • The SC, in its previous ruling, emphasized that the framers of the Constitution intended for an independent body to oversee elections.
  • Critics of the proposed Bill raise questions about whether the new composition of the Selection Committee aligns with the framers’ objective of creating an impartial and independent body responsible for elections.

Conclusion

• The independence of the ECI is vital for preserving the integrity and sanctity of elections in India. Preserving the autonomy of the Election Commission is not only crucial for maintaining the integrity of elections but also for upholding the very foundation of democracy. An independent Election Commission ensures that the democratic process remains transparent, fair, and trustworthy, empowering citizens to actively participate in shaping the nation’s future through free and unbiased elections.

FAQs about the Chief Election Commissioner and Other Election Commissioners Bill, 2023

Read also:- Election Commission of India