Lok Sabha Passes Election Commissioners Bill Amid Controversy

The Lok Sabha has passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, amid controversy and concerns about potential interference in the appointment process. The Bill, initially introduced in the Rajya Sabha on August 10, aims to address the legal vacuum identified by a Supreme Court judgment in March 2023 regarding the appointment of Election Commissioners.

The Supreme Court judgment recommended appointments through a committee comprising the Prime Minister, Chief Justice of India (CJI), and Leader of the Opposition in the Lok Sabha until a proper law is enacted. On December 12, the upper house approved the Bill, which was subsequently introduced in the Lok Sabha.

However, the government proposed amendments on December 11, sparking further debate. Notably, the changes suggest that the search committee, responsible for appointments, would now include the 'Minister of Law and Justice' instead of the Cabinet Secretary. It also proposes aligning the allowances and service conditions of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) with those of Supreme Court judges.

The contentious issue revolves around the removal process and potential interference by the Executive. The proposed clause 15A in the Bill prohibits civil or criminal proceedings against the CEC or ECs for actions in the discharge of their official duties. Former Supreme Court judge Justice Rohinton Nariman expressed concern that the bill if enacted, could jeopardize the independence of the Election Commission of India.

Responding to criticisms, Minister of State for Law & Justice Arjun Ram Meghwal defended the bill, citing the doctrine of separation of powers. He argued that the appointment of the CEC and ECs falls within the Executive's purview, emphasizing the constitutional basis of Article 50. The passage of the Bill comes amid ongoing discussions about maintaining the Election Commission's autonomy for fair and free elections.

Author: Anushka Taraniya

News Writer, MIT ADT University