In a heated session on Tuesday, the Rajya Sabha successfully passed a crucial bill aimed at regulating the appointment and service terms of the Chief Election Commissioner (CEC) and election commissioners. The legislative move was met with strong opposition from Members of Parliament, leading to a walkout in protest against the bill’s provisions.
The bill, known as the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, received approval following a response by Union Law Minister Arjun Ram Meghwal. The Law Minister assured the Upper House that the Election Commission would maintain its independence, emphasizing that the bill’s introduction was prompted by a Supreme Court judgment.
Meghwal clarified that the existing Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 lacked provisions related to qualifications and the formation of selection committees. The Supreme Court had previously mandated an appointment process involving the President, Prime Minister, Leader of Opposition, and Chief Justice of India. Until the Parliament enacted a law, the court’s directive remained in force.
“We are bringing the law for this purpose,” Meghwal stated.
During the debate, Congress MP Randeep Singh Surjewala expressed strong reservations, asserting that the bill did not meet constitutional standards. He labeled it as “manifestly arbitrary” with disastrous consequences, emphasizing the critical importance of maintaining the independence of the Election Commission for the democratic process.
The bill faced further opposition from various MPs, leading to a walkout by the dissenting members. However, the BJD (Biju Janata Dal) broke ranks with the opposition and voiced support for the bill.
The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, covers a comprehensive range of aspects, including appointment procedures, qualifications, the formation of Search Committee and Selection Committee, term of office, salary, resignation, removal, leave, and pension.
The bill’s successful passage marks a significant development in electoral legislation, aiming to replace the outdated Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. Despite the vigorous opposition, the government asserts that the new law will strengthen and streamline the appointment process for key positions within the Election Commission.
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