Lok Sabha Passes Bill To Regulate Appointment Of Top Election Officials

The Lok Sabha passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, on Thursday. This Bill is to establish a new mechanism for the appointment of Chief Election Commissioners and Election Commissioners.

The highly contentious Bill has already been passed by the Rajya Sabha. As it cleared both the Houses, it will now go to the President for her assent. The new Bill, which will replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, provides for the appointment, salary, and removal of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). As per the provisions of the Bill, the Chief Election Commissioner and Election Commissioners will be appointed by the President upon the recommendation of a Selection Committee. The Prime Minister, a Union Cabinet Minister, and the Leader of Opposition, or leader of the largest opposition party in the Lok Sabha, will be the members of the Selection Committee.

In March 2023, a constitution bench of the Supreme Court ruled that election commissioners must be appointed on the advice of a panel comprising the Prime Minister, the Leader of Opposition, and the Chief Justice of India. However, in the new legislation, the central government replaced the Chief Justice of India with a Union Minister. Meanwhile, the Opposition severely criticised the legislation. The Opposition earlier said that it would compromise the independence of the poll panel. It is worth mentioning that the new Bill also safeguards CEC and ECs from legal proceedings to actions taken during their tenure.