New Bill for Appointment of Chief Election Commissioner of India

New Bill for Appointment of Chief Election Commissioner of India

Mains Exam: General Studies Paper 2

(Indian Polity)

August 17, 2023

Why In News:

  • The Central Government has recently introduced a bill in the Rajya Sabha that aims to amend the process of appointment of the Chief Election Commissioner and other Election Commissioners of the country.

The Election Commissioner and Other Election Commissioners (Appointment Conditions and Tenure of Service) Bill, 2023

  • One of the notable changes proposed by the Bill is the removal of the Chief Justice of India from the selection committee that decides the appointments of the Chief Election Commissioner and other Election Commissioners.
  • This bill was introduced in the Rajya Sabha by Law and Justice Minister Arjun Ram Meghwal. The Bill repeals the Conditions of Service and Conditions of Conduct of Business Act, 1991 of the Election Commissioners.
  • According to this bill, the selection committee will regulate its process in a transparent manner.
  • The tenure of Chief Election Commissioner and Election Commissioner will be for 6 years or till the age of 65 years whichever is earlier. The salary of the Election Commissioners will be the same as that of the Cabinet Secretary.
  • The Chief Election Commissioner and other Election Commissioners shall not be eligible for re-appointment.

Panel for appointment of Chief Election Commissioner and Election Commissioners:

  • As per the provisions mentioned in the new Bill, the selection panel responsible for the appointment of the Chief Election Commissioner and Election Commissioners will now have three members:
  • Prime Minister: Head of government, responsible for making executive decisions.
  • Leader of the Opposition in the Lok Sabha: A prominent person representing the opposition parties in the lower house of the Parliament.
  • Cabinet Minister: A member of the cabinet of government, who is entrusted with specific administrative responsibilities.

At present appointment of Chief Election Commissioner and Election Commissioner:

  • Presently there is no specific legislative procedure defined in the constitution for the appointment of Chief Election Commissioner and Election Commissioner. Part XV (Election) of the Constitution has only five articles (324-329).
  • According to Article 324 of the Constitution, "The superintendence, direction and control of elections is vested in the Election Commission consisting of the Chief Election Commissioner and such other Election Commissioners as may be determined by the President from time to time."
  • Prior to the Supreme Court judgment of March 2023, the Chief Election Commissioner and the Election Commissioner were appointed by the President on the recommendation of the government.

About Chief Election Commissioner:

Role:

  • The Chief Election Commissioner is the highest ranking officer of the Election Commission whose main responsibilities are as follows:
  • Ensuring Fairness: The main function of the Chief Election Commissioner is to ensure the fairness and interactiveness of the election process. He ensures fair and equal treatment to all parties and candidates.
  • Oversees the election process: The Chief Election Commissioner oversees all aspects of the election process, such as fixing polling dates, organizing voters' lists, and the process of counting votes.
  • Interactive Monitoring of Electoral Violations: The Chief Election Commissioner interactively monitors electoral violations and finds out the measures to prevent them.
  • Speed in the election process: It is also an important responsibility of the Chief Election Commissioner to conduct the election process in a timely and expeditious manner.
  • Encouragement of various technical advances: The Chief Election Commissioner's job is also to encourage technical advances in the election process, so that more facilities can be gathered in the election process.

Way Forward:

  • The government should review the composition of the selection committee and consider making it more balanced. This may include providing a strong representation to the opposition to ensure a fair decision-making process.
  • To increase the credibility of the selection process, the government should include independent experts, jurists and civil society representatives in the search committee or as observers in the selection committee.
  • Before finalizing the bill, the government should hold extensive consultations with opposition parties, legal experts and stakeholders to consider various points of view and ensure that there is adequate discussion on the issue concerned.

Conclusions:

  • The Chief Election Commissioner plays an important role as the protector of human rights and fundamental freedoms of Indian democracy. Their work is helpful in ensuring a fair, interactive and regular election process, so that the people of the country can participate in fair and free elections.

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Mains Exam Question

Review the Election Commissioner and Other Election Commissioners (Conditions of Appointment and Tenure of Service) Bill, 2023, introduced in Parliament recently.