Rajya Sabha clears bill on panel to select CEC

A controversial bill regulating the appointment and conditions of service of India's top election officials was passed by the Rajya Sabha on Tuesday, reaffirming the executive's grip on the Election Commission of India (ECI) months before the 2024 Lok Sabha polls and sparking protests from the Opposition.

- Rahul Singh

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, comes months after the Supreme Court laid down a temporary selection procedure that included the Chief Justice of India (CJI) as a member of the selection panel, along with the Prime Minister and the Leader of the Opposition. The new bill replaces CJI with a Cabinet minister, effectively giving the government a 2-1 majority in the panel.

Before the top court's March 2 verdict, CEC and ECs used to be appointed by the Prime Minister and the council of ministers, under the seal of the President. The court, in its order, had called for a law on how the CECS and ECs should be picked, saying no such mechanism existed at the time.

While the court's formula appeared to loosen the hold of the executive in the process, the government, while bringing the new bill, argued that framing laws was the responsibility of the legislature, drawing attention to Article 50 that deals with the separation of powers between the legislature, executive, and judiciary.

"The functioning of ECI was and will remain impartial and transparent, and the government is committed to ensuring that. We are committed to ensuring that all institutions of the country work in an impartial way," said minister of state for law and justice Arjun Ram Meghwal in his reply to the discussion on the bill.

But the Opposition - which staged a walkout before the voice vote passing the bill criticised the proposed law, alleging that its undemocratic provisions will destroy one of country's last remaining independent institutions.