The President of India, Droupadi Murmu has granted assent to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023. Introduced in the Rajya Sabha on August 10 by Minister of State for Law & Justice Arjun Ram Meghwal, the bill addresses the legal vacuum highlighted by a Supreme Court judgment concerning the appointment of Election Commissioners.
The bill outlines that the selection committee responsible for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) will be chaired by the Prime Minister and will include a Union Cabinet Minister and the Leader of the Opposition in the Lok Sabha.
The bill received approval from the Rajya Sabha on December 12 before being passed by the Lok Sabha on December 21. Former Supreme Court judge Justice Rohinton Nariman expressed concerns, stating that the bill could compromise the independence of the Election Commission of India (ECI). He emphasized that if the bill becomes law, the executive would have the final say in appointing the CEC and ECs, potentially impacting the fairness of elections. The Supreme Court judgment from March 2, 2023, urged the Central government to establish a law on appointments to the ECI. Until then, appointments should be made based on the advice of a committee comprising the PM, the Chief Justice of India (CJI), and the Leader of the Opposition in the Lok Sabha. The Court also suggested considering a permanent secretariat for the ECI, with expenditure charged to the Consolidated Fund of India for true independence.
The Court highlighted that an election commission failing to ensure free and fair polls, in line with the rules, risks undermining the foundation of the rule of law.
