Updated, Dec. 12, 2023. 8.47 PM.
The Rajya Sabha today passed the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023. The Bill replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
It provides for the appointment, salary, and removal of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). According to the provisions of the Bill, the CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee.
The Selection Committee will consist of the Prime Minister, a Union Cabinet Minister, and Leader of Opposition or leader of the largest opposition party in Lok Sabha.
Replying to the debate on the bill, Law and Justice Minister Arjun Ram Meghwal said, the government brought the bill with the provision of appointment as the earlier bill brought in August this year had no such provision.
He said, the government is committed to keep the Election Commission of India fair and impartial. Mr Meghwal said, Narendra Modi government is committed that all the institutions in the country work in a fair and impartial manner. He said, a clause has been added in the bill regarding the protection of CEC and ECs. The Minister said, if the Chief Election Commissioner and Election Commissioner give order during duty, the court cannot take action against them.
Mr Meghwal said, the Bill has been brought in consonance with the observations of the Supreme Court.
The opposition walked out from Rajya Sabha during the discussion on the bill.
Earlier, initiating the discussion, Congress MP Randeep Surjewala expressed concern over the provisions of the Bill saying that it violates and negates the spirit of constitution. Raising concern over the appointment process, he said, the appointment committee is only a formality as the government will have the full control over it.
He alleged that the government do not want an independent Election Commission and bill violates the autonomy, fearlessness and freedom of the Commission. Jawhar Sircar of TMC opposed the bill saying the bill deliberately lowers the status of the Chief Election Commissioner.
Tiruchi Siva of DMK also opposed the Bill terming it unethical and undemocratic. He said, the appointment committee must consist the Chief Justice of India along with the Prime Minister and the Leader of Opposition in the Lok Sabha.