The Lok Sabha passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 during the Winter Session of the Parliament on Thursday. The aforesaid bill aims to regulate the appointment, conditions of service, and term of office for the chief election commissioner and other election commissioner, as well as outline the procedure for the functioning of the Election Commission.
The bill was introduced on August 10 and was moved for consideration and passage on Thursday by Union Law Minister Arjun Ram Meghwal. Earlier, the election commissioners bill was passed by the Rajya Sabha on December 12.
Union Law Minister Arjun Meghwal underlined the inadequacy of the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, which lacked provisions for qualifications and the establishment of a search committee to compile a panel of candidates for consideration and recommendation by the Selection Committee for roles as Chief Election Commissioner and election commissioners. He also emphasised on the need for parliamentary legislation in accordance with this directive.
Reportedly, the opposition parties have staged a walkout in protest against what they described as executive overreach and a chipping away of the independence of the election commission. However, major opposition parties were notably absent from the Bill’s debate as 97 of their members faced suspension for misconduct during the ongoing winter session.
Earlier, citing a writ petition, the Supreme Court mandated that the President’s appointment of Chief Election Commissioner and Election Commissioners should align with the advice offered by a committee consisting of the Prime Minister, the Leader of Opposition in Lok Sabha, or the leader of the largest opposition party, along with the Chief Justice of India.
Under the aegis of this Bill, the President will appoint the Chief Election Commissioner and Election Commissioners based on the recommendation of a Selection Committee composed of the Prime Minister, a Union Cabinet Minister, and either the Leader of Opposition or the leader of the largest opposition party in Lok Sabha. Reportedly, this legislation is intended to replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.