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NEW DELHI: The Rajya Sabha on Tuesday enacted a bill to regulate the appointment and service terms of the Chief Election Commissioner and election commissioners with the opposition strongly protesting against it and staging a walkout.
The bill addresses the Chief Election Commissioner’s appointment, qualifications, search committee, selection committee, term of service, compensation, resignation and removal, leave, and pension.
The bill was enacted following a response from Union law minister Arjun Ram Meghwal, who stated that the Election Commission will continue to “work independently”. He further said that the bill was tabled in response to a supreme court decision.
In a writ petition, the Supreme Court had declared that the appointment of CECs and ECs shall be made by the President based on advice from a committee comprised of the prime minister, the leader of the opposition in the Lok Sabha or the leader of the largest opposition party in the House, and the Chief Justice of India.
Meghwal stated that the Supreme Court’s ruling stated that the rule will remain in effect until Parliament passes legislation.
“We are brining the law for this purpose,” he added.
Opposing the bill, Congress leader Randeep Singh Surjewala said the bill does not pass “constitutional muster”. “It is manifestly arbitrary; its intent is disastrous and the result is disastrous,” he said.
Disapproving of the bill, AAP MP Raghav Chadha said that through this bill, the government is trying to achieve the opposite of the SC’s March 2 judgement. He further expressed that the government is trying to take control of the EC ‘completely’.
“This bill is going to destroy one of the few remaining independent institutions in India. i.e., Election Commission and thereby dislodge free and fair elections in India,” he said.
The amendments recommended by the opposition parties’ to the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, were rejected.
The Bill will replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
Furthermore, the salary and job conditions of the CEC and ECs will be the same as those of the Cabinet Secretary, according to the bill. It was equivalent to a Supreme Court judge’s remuneration under the 1991 Act.
The bill addresses the Chief Election Commissioner’s appointment, qualifications, search committee, selection committee, term of service, compensation, resignation and removal, leave, and pension.
The bill was enacted following a response from Union law minister Arjun Ram Meghwal, who stated that the Election Commission will continue to “work independently”. He further said that the bill was tabled in response to a supreme court decision.
In a writ petition, the Supreme Court had declared that the appointment of CECs and ECs shall be made by the President based on advice from a committee comprised of the prime minister, the leader of the opposition in the Lok Sabha or the leader of the largest opposition party in the House, and the Chief Justice of India.
Meghwal stated that the Supreme Court’s ruling stated that the rule will remain in effect until Parliament passes legislation.
“We are brining the law for this purpose,” he added.
Opposing the bill, Congress leader Randeep Singh Surjewala said the bill does not pass “constitutional muster”. “It is manifestly arbitrary; its intent is disastrous and the result is disastrous,” he said.
Disapproving of the bill, AAP MP Raghav Chadha said that through this bill, the government is trying to achieve the opposite of the SC’s March 2 judgement. He further expressed that the government is trying to take control of the EC ‘completely’.
“This bill is going to destroy one of the few remaining independent institutions in India. i.e., Election Commission and thereby dislodge free and fair elections in India,” he said.
The amendments recommended by the opposition parties’ to the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, were rejected.
The Bill will replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
Furthermore, the salary and job conditions of the CEC and ECs will be the same as those of the Cabinet Secretary, according to the bill. It was equivalent to a Supreme Court judge’s remuneration under the 1991 Act.
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