A new bill has been introduced in the Rajya Sabha, outlining changes to the process of selecting the Chief Election Commissioner and Election Commissioners. The bill proposes a three-member panel responsible for their selection, consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Cabinet Minister nominated by the PM.
This proposed change follows a ruling by the Supreme Court in March, which aimed to ensure the independence of the Election Commission. The Supreme Court ruled that appointments to the Election Commission would be advised by a committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha, and the Chief Justice of India. This arrangement would remain in effect until a law on the selection process was enacted by the parliament.
“An Election Commission that does not guarantee the rule of law is against democracy. In its wide spectrum of powers, if exercised illegally or unconstitutionally, it has an effect on the outcomes of political parties. The Election Commission has to be independent; it cannot claim to be independent and then act in an unfair manner. A person in a state of obligation to the state cannot have an independent frame of mind. An independent person will not be servile to those in power,” Justice Joseph had stated.
Previously, prior to the Supreme Court ruling, the Chief Election Commissioner and election commissioners were appointed by the President based on government recommendations.
The newly introduced bill, titled the “Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023,” is set to regulate the appointment process, conditions of service, and term of office for the Chief Election Commissioner and other Election Commissioners. The bill also aims to establish procedures for the transaction of business by the Election Commission and addresses related matters.
Union Law Minister Arjun Ram Meghwal introduced this bill, which seeks to provide a comprehensive framework for the selection and functioning of the Chief Election Commissioner and Election Commissioners, enhancing transparency and accountability in the process.
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