2023 Bill on Chief Election Commissioner and Other Election Commissioners

A bill to alter the recruitment procedure and terms of service for members of the Election Commission of India was introduced in the Rajya Sabha in August 2023. This approach, however, has not gone unnoticed by the political intellectuals, who have expressed their misgivings and qualms about the planned revisions. 

The fate of the measure now rests in the hands of India’s legislators as they traverse the thorny route of democratic governance and election integrity.

Background

• In March 2023, the Supreme Court ruled that a committee comprising the Prime Minister, Leader of Opposition in Lok Sabha, and Chief Justice of India should appoint the Chief Election Commissioner (CEC) and Election Commissioners (ECs) until relevant legislation is enacted by Parliament.
• The 2023 Bill aims to reshape the appointment process, terms of service, and the functioning of the Election Commission.

Key Points of Contention and Perspectives

1. Altering the Appointment Process: The bill proposes replacing the Chief Justice of India with a nominated Cabinet Minister in the appointment committee, raising concerns about potential politicisation of the election commission.
2. Introduction of a Search Committee: Critics argue that the creation of a Search Committee led by the Cabinet Secretary could centralise power and influence within the executive branch.
3. Downgrading Status and Perks: The bill proposes aligning the service conditions of the CEC and ECs with those of the Cabinet Secretary, potentially reducing their status and perks compared to Supreme Court judges.
4. Removal Process Resembling Impeachment: The bill introduces a provision for the removal of ECs through a process resembling impeachment for Supreme Court judges, which could make ECs more vulnerable to political pressures.
5. Government’s Defence: The government claims the bill responds to the Supreme Court verdict and seeks to enhance transparency, accountability, and protection from arbitrary removal for ECs.
6. Opposition and Expert Criticism: Critics, including opposition parties, former election commissioners, and civil society groups, argue that the bill threatens the autonomy of the Election Commission, violates the separation of powers principle, and that existing legislation already safeguards the independence and impartiality of the Election Commission.

Recommendations

• To ensure transparency, credibility, and impartiality of the Election Commission, broader consultations with various stakeholders are advisable.
• One recommendation is to require a unanimous verdict as a precondition for the appointment process, as suggested by former Chief Election Commissioner S Y Quraishi.

The fate of the bill remains uncertain as it faces debates and opposition in Parliament. It has become a significant point of discussion regarding democracy, electoral integrity, and the balance of power in India’s political system.

Summary

To ensure the Election Commission’s maximum openness, credibility, and impartiality, the government should seek broader discussions and maintain a balance between diverse stakeholders, therefore maintaining the institution’s position as a bulwark of democratic integrity.

Former Chief Election Commissioner of India S Y Quraishi made an important recommendation to strengthen the law by requiring a unanimous verdict as a criterion for appointment.