GS Paper II

News Excerpt:

Lok Sabha passes The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.

Issues with the bill:

• The selection process of the Election Commission may be dominated by the government, which has implications for its independence.
• The Constitution envisages the Election Commission (ECI) as an independent body that is responsible for conducting free and fair elections. 
• Members of the Constituent Assembly had also noted that the responsibility of conducting elections should be entrusted to people who are free from political influences and local pressures.
• Dr. B.R. Ambedkar had stated that for elections to be free in the real sense of the word, they should be taken out of the hands of the government of the day.
• The Supreme Court (2023) has also stated that any action of the ECI which treats political parties in an uneven or arbitrary manner could breach the right to equality.
• Accepting the Selection Committee’s recommendations in spite of a vacancy in its constitution may effectively lead to a monopoly of government members in selecting candidates.
• The Supreme Court ruled that until Parliament made a law for such process, CEC and ECs will be appointed on the recommendation of a Selection Committee. 
• This Committee will comprise the Prime Minister, the Chief Justice of India, and the Leader of Opposition in Lok Sabha (or leader of the largest opposition party).
• The Bill specifies that the Selection Committee will consist of the Prime Minister, a Cabinet Minister, and the Leader of Opposition in Lok Sabha (or leader of the largest opposition party).
• Making the CEC and EC’s salary equivalent to the Cabinet Secretary may lead to government influence as it is fixed by the government.
• Under the 1991 Act, salaries of CEC and ECs are equivalent to the salary of a Supreme Court Judge.
• Article 125 of the Constitution requires that the salary of a Supreme Court Judge be fixed by an Act of Parliament.
• The Bill equates the salary of the CEC and ECs to that of the Cabinet Secretary of the government.
• The salary of a Cabinet Secretary is fixed by the government upon the recommendation of the Central Pay Commission.
• CECs and ECs also perform quasi-judicial functions. Limiting these posts to senior bureaucrats may exclude other suitable candidates.
• Under the Bill, only a person who is or has been at a rank equivalent to Secretary to the government will be eligible to be the CEC or EC.

Global Practices: Selection Process of the Election Commission in certain countries

Suggestions made by various Commissions/Courts for composition of the Selection Committee:

Way forward:

• In order to obtain a variety of viewpoints and guarantee that concerns are sufficiently addressed, the administration should confer with stakeholders, legal professionals, and opposition parties prior to finalizing the Bill.
• In the meantime, the government ought to assess the Selection Committee's composition and think about improving its balance.
  • The government should include impartial specialists, lawyers, and representatives of civil society either as observers on the Selection Committee or as members of the Search Committee to increase the legitimacy of the process.