Bill to appoint CEC, ECs moved in RS; Congress claims bill 'subjugates' poll body to executive

New Delhi: The Government on Tuesday moved a bill in the Rajya Sabha to regulate the appointment and service terms of Chief Election Commissioner and election commissioners, triggering a reaction from the Congress, which alleged that the proposed legislation “subjugates” the poll authority to the executive and violates the Constitution.

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.

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.

Reacting to the introduction of the bill, senior Congress MP Randeep Singh Surjewala said the proposed legislation completely negates and violates the very spirit of the Constitution that is enshrined in Article 14.

“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,” he said.

The Congress member also claimed that the appointment committee has been reduced to an “empty formality” as it comprises the Prime Minister and members nominated by him.

He said the poll body is the sole authority for conducting free and fair elections in the country and thus needs to remain independent.

Alleging that the Centre does not want an “independent” election commission, he said the proposed law was “an ill-conceived attempt” at consolidating undue executive control, total executive control over the electoral body that is the Election Commission.

“An independent appointment mechanism would guarantee eschewing of even the prospect of bias …. this is what this government is afraid of. I’m saying it with a sense of responsibility, for they don’t want an independent Election Commission, CEC and EC. They want a pocket borough,” Surjewala said.

“The process is arbitrary, the intent is malicious and the result is disastrous. That is what is going to happen,” Surjewala said.
While he was about to read a para from the March Supreme Court judgement, Chairman Jagdeep Dhankhar said Parliament is the sole repository of lawmaking.

“… since majorly, you’re focused on Supreme Court judgment, as if the reflections therein have to bind us. I would expect the debate to rise to a very high level because this house, this Parliament, to the exclusion of any other entity be it executive or judiciary, is supreme when it comes to lawmaking and you are part of it,” the Chairman said.

Surjewala further said there was a time when the word “EC” meant “Electoral Credibility”, unfortunately, “you have decided to make it ‘Election Compromised’.”

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 introduced in the Rajya Sabha in August this year had proposed to bring the status of the CEC and other ECs on par with the Cabinet Secretary.

According to sources, the proposed official amendment says “the CEC and other commissioners shall be paid a salary which is equal to the salary of a judge of the Supreme Court.”

Another proposed amendment is that a search committee headed by the Union Law Minister comprising two other members not below the rank of secretary to the government of India shall prepare a panel of five persons for the selection committee.