In a significant development, the President of India has given assent to The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023. The bill, introduced in the Rajya Sabha on August 10 by Minister of State for Law & Justice Arjun Ram Meghwal, aims to address the legal vacuum highlighted by a recent Supreme Court judgment concerning the appointment of Election Commissioners.
The legislation, which successfully passed the Rajya Sabha on December 12 and the Lok Sabha on December 21, outlines the procedures for appointing and determining the service conditions of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs). Notably, the selection committee responsible for these appointments will be chaired by the Prime Minister, with additional representation from a Union Cabinet Minister and the Leader of the Opposition in Lok Sabha.
However, concerns have been raised about the potential impact of the bill on the independence of the Election Commission of India (ECI). Former Supreme Court judge Justice Rohinton Nariman expressed apprehension, stating that if the bill becomes law, the executive would have the final say in appointing CEC and ECs, posing a threat to free and fair elections.
Justice Nariman’s reservations stem from the Supreme Court’s March 2, 2023 judgment, which emphasized the need for a legislative framework on appointments to the ECI. Until such a law is enacted, the appointments should be made based on the advice of a committee comprising the Prime Minister, the Chief Justice of India (CJI), and the Leader of the Opposition in the Lok Sabha.
The Constitution Bench, consisting of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and CT Ravikumar, further recommended the consideration of establishing a permanent secretariat for the ECI. It was suggested that its funding be drawn from the Consolidated Fund of India to ensure the poll body’s true independence.
The Supreme Court underscored the crucial role of an election commission in upholding free and fair polls as integral to the foundation of the rule of law. The ongoing dialogue between the judiciary and the executive on this matter will undoubtedly shape the future landscape of India’s electoral governance.
