India’s lower house of Parliament, the Lok Sabha, granted approval to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023 on Thursday. This legislative initiative represents an overhaul of the selection process and service conditions governing the chief election commissioner (CEC) and election commissioners (ECs), replacing the existing 1991 Election Commission Act. The chief justice of India, previously a part of the selection committee, has been excluded.

According to the provisions of the bill, the president will appoint the chief election commissioner and election commissioners based on the recommendations of a three-member committee. This committee will consist of the prime minister, a union cabinet minister chosen by the prime minister, and the leader of the opposition in the Lok Sabha. The specified criteria for selection mandate candidates to have previously held a position equivalent to a secretary to the government of India, demonstrating qualities of integrity and election management expertise.

The bill establishes a fixed six-year term for commissioners, which is non-renewable. Removal is only possible through parliamentary impeachment on grounds of misbehavior or incapacity. Furthermore, the salary and allowances of commissioners will be aligned with that of India’s cabinet secretary.

Indian National Congress (INC) Member of Parliament (MP) Randeep Singh Surjewala voiced criticism of the bill, contending that the composition of the selection committee raises concerns about executive control, potentially allowing the government undue influence in appointing commissioners who favor the ruling party. The exclusion of the Chief Justice of India from the selection committee also prompts concerns about potential politicization of appointments, with fears that loyalty to the government might override merit and expertise in the selection process.

The opposition expressed reservations about the fixed six-year term, intended for security of tenure, suggesting that it may inadvertently lead to complacency or bias among commissioners who cannot be easily removed, thereby compromising the perceived neutrality of the Election Commission of India (ECI). Notably, civil society representatives were excluded from the consultation process.

In response to the criticism, the government asserts that the bill ensures a transparent and objective selection process, safeguarding the commission’s autonomy. They emphasize the fixed term and stringent removal provisions as measures designed to prevent undue political influence.