Rajya Sabha passes Bill on appointment of CEC, EC; Opposition calls it attack on democracy

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

The bill was passed after a reply by Union Law Minister Arjun Ram Meghwal, who said that the Election Commission will continue to "work independently" and that bill had been brought following a Supreme Court judgement.

Calling the Bill an attack on the democracy of India, Congress MP Randeep Surjewala said that the autonomy, fearlessness and fairness of India's democracy and electoral machinery have been crushed by a bulldozer. "Modi government has attacked the democracy of India. The autonomy, fearlessness and fairness of India's democracy and electoral machinery have been crushed by a bulldozer," Surjewala said.

He further said that 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'.

"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'," he added. Congress leader further said that 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...We will take it to the end and the struggle will continue from Parliament to the streets," he added.

Moreover, DMK MP T Siva said that the passing of the bill will be totally in the government's favour. "This will be totally in the government's favour, it can't be neutral in the way it is expected. In a democratic country, how can this be acceptable?" he added.

The amendments moved by the opposition parties to the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, were negative. The bill provides for the appointment, qualifications, Search Committee, Selection Committee, term of office, salary, resignation and removal, leave, pension of the Chief Election Commissioner and other election commissioners.

Meghwal said that Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 does not contain provisions regarding the qualifications, search committee for preparing a panel of persons for consideration and recommendation by the Selection Committee for appointment as CEC and election commissioners.

The Supreme Court, in a writ petition, declared that the appointment of CEC and ECs shall be made by the President on the basis of advice tendered by a committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha or leader of the largest opposition party in the House and the Chief Justice of India. Meghwal said judgment had noted that the norm provided by the Supreme Court will continue to hold good till a law is made by the Parliament. "We are bringing the law for this purpose," he said.

Participating in the debate, Congress leader Randeep Singh Surjewala said the bill does not pass "constitutional muster". "It is manifestly arbitrary; its intent is disastrous and the result is disastrous," he said. The Congress leader said that the independence of the Election Commission is sine quo for democracy.

Other opposition members also opposed the bill. They later staged a walk-out. BJD supported the bill. The bill will replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.