As the Parliament meets for a special session on Monday, one of the key Bills to be introduced is to change the mechanism for appointing the election commissioners.
The Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023 seeks to regulate the appointment and service conditions of the Chief Election Commissioner and other Election Commissioners.
The bill is among the four Bills listed by the government for consideration and passage in the upcoming special session which begins from September 18. Earlier, Union Minister Pralhad Joshi on August 31 announced that a special session of parliament would be held from September 18 to 22. However, the government didn’t reveal the agenda behind the session.
What Does the Bill Seeks to Change?
The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, Term of Office) Bill, 2023 will revise the salary, allowance and service conditions of the Chief Election Commissioner (CEC) and the two Election Commissioners (ECs), aligning them with those of a Cabinet Secretary. As of now, their position was aligned to that of a Supreme Court Judge.
The bill was earlier introduced in Rajya Sabha on August 10 and will repeal the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
The bill will not have any significant financial implications as the basic salary of an apex court judge and the Cabinet Secretary is nearly identical. But the Supreme Court Judges are entitled to more post-retirement benefits, including lifetime provision of drivers and domestic help.
The Chief Election Commissioner and other Election Commissioners are appointed by the president as of today. However, the new Bill adds that the CEC and other ECs will be appointed by the president on the recommendation of a selection committee.
The selection committee is composed of the Prime Minister as the Chairperson and two other members in the committee- the Leader of Opposition (LoP), Lok Sabha and a Union Minister nominated by the Prime Minister. The Bill further replaces the CJI with a Union Minister who will be nominated by the PM.
Why it Has Led to Concerns?
The bill has led to concerns about how aligning Election Commissioners with the bureaucracy could potentially tie their hands and erode their authority. If the CEC and other ECs are equivalent to a cabinet secretary, they will be ranked below a Minister of State, and will effectively be bureaucrats, according to a report in The Indian Express.
Earlier, when the ECs used to call a government officer like the Law Secretary, Cabinet Secretary or Chief Secretary of a state for a meeting or a lapse, then their order was perceived to carry the authority of a Supreme Court Judge. However, with the new bill the Election Commissioners will be of the same position as a Cabinet Secretary, the report added.
Former Chief Election Commissioner SY Quraishi while speaking to News18 said that the proposed bill will not only lower the status of the officials, but also the status of the Election Commission of India too.
“The ECI has a very special constitutional role. Firstly, the CEC and Election Commissioners can take actions against the politicians. When you are equivalent to the Supreme Court judge, you have different authority and status but when you are a bureaucrat, it is totally different,” Quraishi said.
Another former CEC, on the condition of anonymity, said that when the Chief Election Commission and Election Commissioners have power, politicians are not able to intimidate them and the ECI stands strong.
Other Changes
The Chief Election Commissioners have addressed their letters to the President, Prime Minister and the Law Minister, rather than government officials. The Commission’s officers handle interactions with the bureaucracy.
The Bill also bring-in changes regarding the removal of the Election Commissioners. If the bill is passed, the CEC can only be removed in a manner similar to that of a Supreme Court Judge, according to the Constitution. However, the downgrade, would mean that the CEC’s service conditions align with those of a Cabinet Secretary.
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