Indian President Droupadi Murmu assented Thursday to a bill intended to oversee the appointment, terms of service and duration of office for the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The bill has raised concerns about potential government dominance in the process, potentially risking the Election Commission’s independence.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 replaces the 1991 Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, outlining provisions for the appointment, salary and removal of both the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The bill was introduced in the upper house of the Indian Parliament, Rajya Sabha, in August and passed by the same on December 12. The lower house, Lok Sabha, passed the bill on December 21 amidst record suspensions of opposition members from the house over protests against a recent security breach.
As per the bill, the president appoints the CEC and ECs based on recommendations from a selection committee comprising the prime minister, a Union cabinet minister, and the leader of the opposition or largest opposition party leader in Lok Sabha. These recommendations remain valid during committee vacancies. A search committee, led by the Cabinet Secretary, proposes candidates who must have held a position equivalent to the secretary to the central government. Moreover, the salary and conditions of service for the CEC and ECs will now be equivalent to those of the Cabinet Secretary, in contrast to the previous standard, which matched a Supreme Court judge’s salary under the 1991 act.
The bill, however, raises certain key concerns. There are concerns about potential government dominance in the Election Commission’s selection process, risking its independence. Accepting the selection committee’s recommendations during a vacancy could result in a government monopoly in candidate selection. Aligning the salaries of the CEC and ECs with the Cabinet Secretary may open avenues for government influence, unlike the previous system tied to a Supreme Court judge’s salary determined by an act of Parliament. Additionally, limiting these positions to senior bureaucrats may exclude other qualified candidates, especially considering the quasi-judicial functions performed by CECs and ECs.
The Election Commission of India, as an independent constitutional body, oversees the conduct of elections at both the Union and state levels in India. Its responsibilities include managing elections for the Lok Sabha, Rajya Sabha, state legislative assemblies, as well as the offices of the president and vice president in the country. However, the independence and impartiality of the Election Commission has been called into question frequently in recent times.
The government of India’s Ministry of Law and Justice officially enacted the bill into law by issuing notification in the Gazette of India on Thursday.
