The Rajya Sabha on Tuesday passed the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, after official amendments, amid a walk-out by the Opposition.

The Bill will regulate the appointment, conditions of service and term of office of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs), and the procedure for transaction of business by the Election Commission.

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The Bill replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. It provides for the appointment, salary, and removal of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).

The CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee. The Selection Committee will consist of the Prime Minister, a Union Cabinet Minister, and Leader of Opposition/leader of the largest opposition party in Lok Sabha.

Replying to the debate, Law and Justice Minister Arjun Ram Meghwal said the Bill has a limited purpose including provisions for appointments. The Constitution provided for separation of powers among the Executive, Judiciary and the legislature.

He said the Selection Committee for the election commissioners included the leader of the Opposition in the Lok Sabha. The Law Minister said the government is committed to independent functioning of Constitutional bodies. He said senior officials conduct elections, and they know the election processes well.

He said he had brought an amendment to provide the Search Committee would be headed by the Law Minister, instead of the Cabinet Secretary. He said the qualifications for the Election Commissioners were laid out in the Bill. The Election Commission has earned much credibility over the years.

Initiating the debate, Randeep Singh Surjewala (Congress) said the Bill ran against the spirit of the Constituent Assembly’s debates and views expressed by the architect of Indian Constitution Dr B R Ambedkar. The member said provisions of the Bill showed the selection of the Chief Election Commissioner would be dominated by the Executive.

The Selection Committee would comprise the Prime Minister, a Cabinet Minister nominated by him and the leader of the Opposition or leader of the largest party in the Lok Sabha. The majority would be with the Government under this system, Surjewala said.

The Congress member said the Constituent Assembly wanted the Election Commission beyond the influence of the Executive. The Election Commission must have fearless independence, the member said quoting views of Constituent Assembly members. He said the Constituent Assembly was unanimous on its view on the Election Commission.

Surjewala said the selection of the Election Commissioners was being limited to the Government’s serving or retired Secretaries under the Bill. This would close option to select other qualified candidates, he said. Several Opposition members gave arguments against the Bill.