Bill on appointment of CEC, ECs gets Parl nod

New Delhi : Parliament on Thursday gave its nod to a Bill which seeks to establish a mechanism to appoint the chief election commissioner and election commissioners with Law Minister Arjun Ram Meghwal asserting that it’s in line with the Supreme Court’s directions.

The Lok Sabha passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 by a voice vote after a brief discussion. The Rajya Sabha had cleared it on December 12.

Responding to the debate, Meghwal said the 1991 Act on the service conditions of the CEC and ECs was a half-baked attempt that left out the key aspect of appointments and the present Bill covers such areas.

He also rejected suggestions that the proposed law was against the directions of the Supreme Court, which had asked the government to put in place a law on the appointments of the CEC and ECs. He noted that the top court had said in March this year that till the time a law is in place, a three-member panel, headed by the prime minister and comprising the leader of the opposition in Lok Sabha and the Chief Justice of India, will select the CEC and ECs. Meghwal said the Bill is in consonance with the SC ruling and not against it. He said the committee mentioned in the judgement was a “stop-gap” arrangement. Before the SC ruling, the CEC and ECs were appointed by the President on the recommendation of the government. Referring to points raised by some members during the course of the debate, the minister said as per the doctrine of separation of powers, appointments to the poll panel come under the domain of the Executive and the Prime Minister has to be a part of it.

When the Bill came up for consideration in the Rajya Sabha earlier this month, the government had moved several amendments against the backdrop of protests by Opposition parties and former CECs on various provisions.

Now, once the amended Bill becomes a law in the coming days, a search committee headed by the Law Minister and comprising two Union secretaries will shortlist five names for consideration of the selection committee for appointment as the CEC and ECs.

The panel headed by the Prime Minister and comprising a Union Minister nominated by the PM and the Leader of Opposition (LoP) in the Lok Sabha will select members of the Election Commission. In case there is no LoP in the Lower House, the leader of the single largest

Opposition party in the Lok Sabha will be deemed to be the LoP. The selection panel will have the power to consider even those not shortlisted by the search committe. A vacancy will arise in the poll panel when Election Commissioner Anup Chandra Pandey demits office on February 14 next year.