Bill To Regulate Appointment Of Chief Election Commissioner & Election Commissioners Gets Presidential Assent

In a significant development, the President on Thursday gave her assent to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023. The bill, among other things, seeks to establish a mechanism to appoint the top election officials in the country.

The Bill, which repeals the 1991 Act and provides for the appointment process and conditions of services for the CEC and ECs, was passed by the Loksabha on December 21. The Rajya Sabha passed the bill on December 12.

The bill essentially aims to regulate the appointment, conditions of service, and term of office for the chief election commissioner (CEC) and other election commissioners (EC), as well as outline the procedure for the functioning of the Election Commission.

The key provisions of the bill include the replacement of the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. The new legislation covers aspects such as the appointment, salary, and removal of the CEC and other election commissioners. The president would appoint the CEC and ECs based on the recommendation of a selection committee, comprising the prime minister, a union cabinet minister, and the leader of the opposition or the leader of the largest opposition party in the Lok Sabha.

The recommendations of this committee would remain valid even in the absence of a full committee. A search committee, headed by the Law Minister, would propose a panel of names to the selection committee, with eligibility criteria requiring candidates to have held a position equivalent to the secretary to the central government. The salary and conditions of service for the CEC and ECs were set to be equivalent to that of the cabinet secretary, deviating from the previous equivalence with a Supreme Court judge's salary.

Notably, the bill drops the Chief Justice of India from the selection committee. For context, in March this year, a constitution bench of the Supreme Court ruled that the election commissioners shall be selected by a committee comprising the prime minister, the leader of the opposition, and the chief justice, till the parliament frames a law prescribing the selection process.

It may be noted that Article 324 of the Constitution of India stipulates that the Election Commission shall consist of the Chief Election Commissioner (CEC) and a determined number of Election Commissioners (ECs), as determined by the President.

The Election Commission of India (ECI) is tasked with overseeing the compilation of electoral rolls and organizing elections for Parliament, State Legislatures, as well as the offices of the President and Vice-President. According to the Constitution, the appointment of the CEC and ECs is to be made by the President, in accordance with the provisions outlined in an Act of Parliament.

In the year 1991, the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act was enacted by Parliament. This legislation established the remuneration of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) at a level equivalent to that of a Supreme Court judge. However, the Act did not address the procedure for their appointment, leaving this matter to be determined by the President.

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