The Chief Election Commissioner and Other Election Commissioners Bill, 2023

Syllabus: GS2 – Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies.

Important Aspects of Governance, Transparency and Accountability

Source:

The Hindu editorial -14/08/23

Context

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was introduced in Rajya Sabha recently.

Content

The Chief Election Commissioner and Other Election Commissioners Bill, 2023

The Bill specifies the same composition of the Election Commission. It adds that the CEC and other ECs will be appointed by the President on the recommendation of a Selection Committee.
The Selection Committee will consist of: (i) the Prime Minister as Chairperson, (ii) the Leader of the Opposition in Lok Sabha as member, and (iii) a Union Cabinet Minister nominated by the Prime Minister as member.
A Search Committee will prepare a panel of five persons for the consideration of the Selection Committee. The Search Committee will be headed by the Cabinet Secretary. It will have two other members, not below the rank of Secretary to the central government, having knowledge and experience in matters related to elections.
The 1991 Act provides that the salary of the ECs will be equal to that of a Supreme Court judge. The Bill provides that salary, allowance, and service conditions of the CEC and other ECs will be the same as that of the Cabinet Secretary.

Why is it controversial?

This bill counters a recent judgment of a Constitution Bench that envisaged an independent selection committee that included the Chief Justice of India,Prime minister and Leader of Opposition.
Opposition accused the government of “diluting and overturning” a Constitution bench order.

Concerns regarding the Bill

Concerns about potential government interference in the appointment process, compromising the EC’s ability to function independently.
An executive majority in the selection process (allowing two out of three committee members to be government representatives) amounts to disregarding the spirit of the Supreme Court’s recommendations.
This move could enable the government to maintain a firm grip on the selection of top election officials, potentially influencing the fairness and impartiality of the electoral process.
Lack of transparency and undue influence might cause mistrust among the people regarding the independence of the election commission.
The bill gives more power to the executive as it replaces the chief justice of India with a cabinet minister.
Against the spirit of constitution and the vision of framers of constitution as this move could interfere with the autonomy of the election commission.
Issue of balance of power as the leader of opposition has given only less representation ( since two out of three committee members are ruling government representatives)

Way forward

Reconsidering the composition of the selection committee to ensure that it is balanced and independent.
Taking into account the recommendations of the Dinesh Goswami Committee in 1990 and the Justice Tarkunde Committee in 1975.
Engaging in discussions with relevant stakeholders like independent experts, jurists, and civil society representatives to address the concerns regarding the Bill.
Ensuring that any changes made to the appointment process are transparent and in line with democratic principles.
Ensuring a nonpartisan and independent ECI for the robustness of electoral democracy.

Related topics

Election Commission of India

The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India.
The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
The Election Commission operates under the authority of the Constitution per Article 324, and subsequently enacted Representation of the People Act.
As per Article 324 of the Constitution, the Election Commission consists of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs), as the President may decide.
The CEC and other ECs are appointed by the President.

The Model code of Conduct

The Model Code of Conduct for guidance of political parties and candidates is a set of norms which has been evolved with the consensus of political parties who have consented to abide by the principles embodied in the said code and also binds them to respect and observe it in its letter and spirit.
The Model Code of Conduct is enforced from the date of announcement of election schedule by the Election Commission and is operational till the process of elections are completed.

Reference

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