Bill Aims to Alter Selection Committee Composition and Process for Chief Election Commissioner and Election Commissioners
Source: Indian Express
Table of Contents
The Indian government has introduced a significant Bill in the Rajya Sabha that could bring notable changes to the selection process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The Bill proposes to replace the Chief Justice of India (CJI) in the selection committee with a Cabinet Minister nominated by the Prime Minister. Additionally, it suggests the inclusion of the Leader of the Opposition (LoP) in the Lok Sabha as a member of the selection committee.
Key Changes in the Bill
- Substitution of CJI: The Bill aims to replace the CJI with a Cabinet Minister nominated by the Prime Minister in the committee responsible for selecting the Chief Election Commissioner and Election Commissioners.
- Inclusion of LoP: The Leader of the Opposition in the Lok Sabha would become a member of the selection committee, contributing to the process of appointing poll panel chiefs.
Context and Background
This development follows a Supreme Court ruling from five months ago, where it was determined that a three-member panel, led by the Prime Minister and comprising the Leader of the Opposition in the Lok Sabha and the CJI, would be responsible for selecting the CEC and ECs until a relevant law is established by Parliament. The Supreme Court also noted that in cases where the Leader of the Opposition is not available, the committee should involve the leader of the largest Opposition party in terms of numerical strength in the Lok Sabha.
Introducing the Bill
The Union Law Minister, Arjun Ram Meghwal, presented the Bill for consideration in the Rajya Sabha. The purpose of the Bill is to “regulate the appointment, conditions of service, and term of office of the Chief Election Commissioner and other Election Commissioners, the procedure for transaction of business by the Election Commission and for matters connected therewith or incidental thereto.”
Current Appointment Process
As of now, the appointment of the CEC and ECs is carried out under Article 324(2) of the Constitution. The President has the authority to appoint the Chief Election Commissioner and other Election Commissioners. However, the Bill aims to introduce significant changes to this process.
Search Committee and Selection Procedure
Under the proposed Bill, a Search Committee, headed by the Cabinet Secretary and including two members with knowledge and experience in election matters, will prepare a panel of five eligible candidates. This panel will then be submitted to the Selection Committee.
The Selection Committee, chaired by the Prime Minister and consisting of the Leader of Opposition or the leader of the single largest Opposition party in the Lok Sabha, as well as a Cabinet Minister nominated by the Prime Minister, will then proceed to select the Chief Election Commissioner and Election Commissioners from the provided panel.
Transparency and Decision-Making
The Bill emphasizes that the selection procedure conducted by the committee should be transparent. It also indicates that the committee has the flexibility to consider candidates beyond those included in the Search Committee’s panel. Notably, the Bill states that any vacancy or defect in the composition of the Selection Committee will not render the appointment of the Chief Election Commissioner and Election Commissioners invalid.
Tenure and Salary
The Bill maintains the existing tenure of six years or until the age of 65 years, whichever is earlier, for the CEC and ECs. It proposes that their salary should be equivalent to that of the Cabinet Secretary. This is a departure from the current scenario where their salary is linked to that of a Supreme Court judge.
Conclusion
The introduction of this Bill presents a potential shift in the process of appointing poll panel chiefs, altering the composition of the selection committee and aiming to enhance the transparency and effectiveness of the selection procedure. As India continues to evolve its electoral governance, this development carries implications for the country’s democratic framework and the integrity of its election processes.
Frequently Asked Questions (FAQs) – Proposed Changes in Committee for Selecting Poll Panel Chiefs
Q1: What is the purpose of the Bill introduced in Rajya Sabha?
The Bill introduced in Rajya Sabha aims to replace the Chief Justice of India with a Cabinet Minister nominated by the Prime Minister in the committee for the selection of the Chief Election Commissioner and Election Commissioners. It also includes the Leader of Opposition in Lok Sabha as a member of the selection committee.
Q2: Why is this Bill being introduced now?
The Bill is being introduced five months after the Supreme Court ruled that a panel headed by the Prime Minister, along with the Leader of the Opposition in Lok Sabha and the Chief Justice of India, would select the Chief Election Commissioner and Election Commissioners. The government is seeking to enact a law on their appointments.
Q3: How will the new committee be composed under the proposed changes?
Under the proposed changes, the committee for selecting the Chief Election Commissioner and Election Commissioners will include a Cabinet Minister nominated by the Prime Minister and the Leader of Opposition in Lok Sabha. The Chief Justice of India will be replaced in the committee.
Q4: How will the absence of a Leader of Opposition be handled in the committee?
In cases where there is no Leader of Opposition available, the committee will include the leader of the largest Opposition party in Lok Sabha in terms of numerical strength.
Q5: How will the new appointees be selected under the proposed Bill?
A Search Committee, headed by the Cabinet Secretary and including two members with knowledge and experience in election matters, will prepare a panel of five persons. This panel will be sent to the Selection Committee chaired by the Prime Minister, which will also include the Leader of Opposition or the leader of the single largest Opposition party in Lok Sabha, along with a Cabinet Minister nominated by the Prime Minister.
Q6: What are the qualifications for becoming Chief Election Commissioner or Election Commissioner under the proposed changes?
The proposed Bill states that the Chief Election Commissioner and Election Commissioners should be individuals of integrity, possessing knowledge and experience in the management and conduct of elections. They should have held the post equivalent to Secretary to the Government of India.
Q7: How will the procedure for appointment be regulated?
The Selection Committee will regulate its procedure in a transparent manner. It has the authority to consider any person apart from those included in the panel prepared by the Search Committee.
Q8: What are the terms of service for Chief Election Commissioner and Election Commissioners under the proposed changes?
The terms of service for Chief Election Commissioner and Election Commissioners will remain unchanged, at six years or until they reach the age of 65 years, whichever is earlier.
Q9: How will the salary of Chief Election Commissioner and Election Commissioners be determined under the proposed Bill?
According to the proposed Bill, the salary of the Chief Election Commissioner and Election Commissioners will be equivalent to that of the Cabinet Secretary.
Q10: What happens to the existing law regarding the Election Commission’s conditions of service and business transactions?
The proposed Bill repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. The business of the Election Commission will be enacted as per the new Act once it is passed.
Q11: When is the next vacancy expected in the Election Commission?
The next vacancy in the Election Commission is likely to arise in February 2024 when Election Commissioner Anup Chandra Pandey retires, just before the expected announcement of Lok Sabha elections.
Q12: How does this proposed change affect the appointment process for Election Commissioners? The proposed change aims to modify the composition of the committee responsible for selecting the Chief Election Commissioner and Election Commissioners. It shifts the focus from involving the Chief Justice of India to including a Cabinet Minister nominated by the Prime Minister and the Leader of Opposition in Lok Sabha.
