Hindu Editorial Analysis : 25-August-2023
In a significant development, the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was recently introduced in the Rajya Sabha. This bill holds great importance in shaping the future of India’s electoral system. Let’s delve into the need for this law, its key provisions, and the challenges it faces.
The Need for the Law
Appointment of Election Commissioners
The need for this law arises from a Supreme Court ruling that emphasized the importance of functional independence for Election Commissioners. The court proposed that a selection panel should consist of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI) to appoint Election Commissioners. This arrangement was meant to be temporary, pending the enactment of a law specifying the appointment process.
Issue of Incomplete Tenure
Additionally, the Supreme Court observed that despite the Chief Election Commissioner’s (CEC) tenure being set at six years by ‘The Chief Election Commissioner And Other Election Commissioners (Conditions Of Service) Act, 1991,’ no CEC has completed a full term since 2004, raising concerns about the continuity and stability of the Election Commission.
The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023
Key Provisions
This bill aims to reform the existing legal framework:
- Repeal of 1991 Act: The bill repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
- Composition of the Election Commission: The bill maintains the composition of the Election Commission as consisting of the CEC and other Election Commissioners, appointed by the President.
- Selection Committee: The Selection Committee for appointing the Election Commission now comprises the Prime Minister as chairperson, the Leader of the Opposition as a member, and a Union Cabinet Minister nominated by the Prime Minister as another member. Importantly, it removes the CJI from the selection panel.
- Search Committee: A Search Committee, headed by the Cabinet Secretary, will prepare a panel of five candidates for the Selection Committee’s consideration.
- Qualification: To be eligible for the positions of CEC and ECs, individuals must have held posts equivalent to the rank of Secretary to the central government and possess expertise in managing and conducting elections.
- Removal and Resignation: The bill retains the existing procedure for the removal and resignation of Election Commissioners, which is similar to that of Supreme Court judges.
Challenges & Criticisms
Making EC a Puppet
One of the primary criticisms leveled against the bill is that the composition of the Selection Committee could undermine the neutrality of the Election Commission. With two members from the ruling party—the Prime Minister and a Cabinet Minister—it raises concerns that the government might exert undue influence on the poll body, potentially compromising its independence.
Against the Spirit of Fundamental Rights
The Supreme Court’s judgment emphasized that the right to vote is a fundamental right, and to safeguard this right, the Election Commission must remain independent of the executive. Critics argue that while the bill aligns with the letter of the judgment, it does not uphold the spirit of ensuring the Election Commission’s autonomy.
Counter to Recent Judgments
The bill’s exclusion of the Chief Justice from the appointment committee contradicts a recent Constitution Bench judgment and departs from the recommendations of various committees, including the Dinesh Goswami Committee in 1990 and the Justice Tarkunde Committee in 1975.
Why In News
The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was recently introduced in Rajya Sabha, signifying a crucial step towards enhancing the electoral process in India. This significant legislative proposal aims to redefine the appointment process and terms of service for these key officials, potentially bringing about positive changes in the country’s electoral governance.
MCQs about The 2023 Election Commission Bill
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What is a key change proposed by the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023?
A. Inclusion of the Chief Justice of India (CJI) in the selection panel.
B. Removal of the Prime Minister from the selection panel.
C. Appointment of Election Commissioners by state governments.
D. No change in the composition of the selection panel.
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What criticism is raised regarding the composition of the Selection Committee in the bill?
A. It lacks the presence of the Prime Minister.
B. It includes members from both ruling and opposition parties.
C. It might compromise the neutrality of the Election Commission.
D. It includes members from the judiciary.
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According to the Supreme Court’s judgment, why is the independence of the Election Commission crucial?
A. To increase the power of the executive.
B. To safeguard the right to vote, which is a fundamental right.
C. To reduce the tenure of Election Commissioners.
D. To give the President more authority in appointing Election Commissioners.
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