Rajya Sabha on Tuesday (December 12) passed a bill to regulate the appointment and service terms of Chief Election Commissioner and election commissioners as the Opposition MPs objected and protested against its provisions and staged a walkout. Soon after a reply by Union Law Minister Arjun Ram Meghwal, the bill was passed in the Upper House. The Minister said that the Election Commission will continue to “work independently” and the bill was introduced following a Supreme Court judgement.
The amendments moved by the opposition parties to the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, were negated.
The bill provides for the appointment, qualifications, Search Committee, Selection Committee, term of office, salary, resignation and removal, leave, pension of the Chief Election Commissioner and other election commissioners.
What did the Minister say?
The Law Minister said that the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 does not have provisions regarding the qualifications, search committee for preparing a panel of persons for consideration and recommendation by the Selection Committee for appointment as CEC and election commissioners.
The Supreme Court, in a writ petition, declared that the appointment of CEC and ECs shall be made by the President on the basis of advice tendered by a committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha or leader of the largest opposition party in the House and the Chief Justice of India. Meghwal said judgment had noted that the norm provided by the Supreme Court will continue to hold good till a law is made by the Parliament.
"We are bringing the law for this purpose," he said.
Congress’ reaction
Congress MP Randeep Singh Surjewala, while participating in the debate, said that the bill does not pass "constitutional muster”.
"It is manifestly arbitrary; its intent is disastrous and the result is disastrous," he said.
He said that independence of Election Commission is sine quo non for democracy.
The bill was also opposed by other Opposition MPs who later staged a walkout. However, the BJD supported the bill.
The Bill will replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
(With ANI inputs)
