Rajya Sabha passes Bill on appointment of CEC, EC after Opposition walks out

Rajya Sabha passed the legislation via voice vote

The Rajya Sabha on December 12 passed the legislation on the appointment of Chief Election Commissioner and other Election Commissioners, while the Opposition walked out of the proceedings after markings its objection to the proposed law.

The legislation, Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was tabled for passage before the Parliament's Upper House by Union Law Minister Arjun Ram Meghwal.

The Bill was cleared by a voice vote, as members of the treasury benches supported it en-masse. The Opposition bloc led by the Congress, which was lacking in numbers to stall the legislation's passage, walked out before it was taken up for voting.

Meghwal said the legislation has been brought in view of the Supreme Court judgement of March this year while hearing a PIL. The apex court, in its ruling, had stated that the President would appoint CEC and ECs on the advise of a committee comprising the Prime Minister, Leader of Opposition and the Chief Justice of India.

The Bill that has been passed, however, mandates the appointment of CEC and ECs on the recommendation of a panel that would comprise the PM, LoP and other members. The CJI would not be part of the panel.

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The Bill was introduced in the Upper House on August 10 to replace the 1991 Act and was pending for consideration and passage. The 1991 Act did not have a clause related to appointment of CEC and other ECs. The minister said until now, the names of the appointees were decided by the government but now a search and selection committee has also been constituted, and the matter related to salary has also been introduced through an amendment in the bill.

A clause related to protection from initiation of legal proceedings against the CEC and ECs for actions taken while carrying out their duties has also been introduced through the Bill, the Law Minister said.

The Congress, which opposed the legislation during the discussion over it in the House, said it completely negates and violates the spirit of the Constitution that is enshrined in Article 14.

"It completely negates and subjugates the Election Commission to the authority of the Executive and it does away willingly, maliciously the judgement of the Supreme Court and that is why this law is per se like a stillborn child," Congress MP Randeep Singh Surjwala said.

The Congress member also claimed that the appointment committee has been reduced to an "empty formality" as it comprises the Prime Minister and members nominated by him.

Alleging that the Centre does not want an "independent" Election Commission, he said the proposed law was "an ill-conceived attempt" at consolidating "undue executive control and total executive control" over the electoral body.

"The autonomy, fearlessness and fairness of India's democracy and electoral machinery have been crushed by a bulldozer. The Modi government is passing a law in Rajya Sabha today to make the Chief Election Commissioner and Election Commissioners of the Election Commission of India, a 'pawn Election Commissioner'," Surjewala was quoted as saying by news agency ANI outside the Parliament.

"There was a time when EC meant 'Electoral Credibility', today it means 'Elections Compromised'. They will appoint a Chief Election Commissioner and Election Commissioners of their own choice. They will run their Election Commission as per their desire. They will prepare an electoral list as per their desire...This is perhaps one of the biggest blows to democracy hurled by the Modi Government in the last 9 years," he added.

(With PTI inputs)