Bill To Appoint Top 3 Poll Officers Passed In Lok Sabha, Clears Parliament

With most Opposition members outside the House after a spree of suspensions, the Lok Sabha today passed a Bill to establish a new mechanism for appointment of Chief Election Commissioners and Election Commissioners.

Earlier, the Rajya Sabha had approved the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023. Therefore, the legislation has now cleared parliament. It will now go to the President for her assent.

During the discussion on the legislation in Lok Sabha today, Law Minister Arjun Ram Meghwal said the 1991 Act on the service conditions of top poll officers was a half-baked attempt and the present Bill covers the areas left out by the previous legislation. The Bill was then passed by a voice vote.

The legislation underwent substantial changes following objections from various quarters. The Opposition has slammed the legislation, saying it would compromise the independence of the poll panel.

Earlier this year, the Supreme Court ruled that election commissioners must be appointed on the advice of a panel comprising the Prime Minister, the Leader of Opposition and the Chief Justice of India. The landmark judgment was aimed at insulating the top election body from political interference. The court, however, held that the judgment will hold good till government comes up with a law.

In the new legislation, the government replaced the Chief Justice with a Union Minister. This, the Opposition has alleged, gives the government greater powers on the appointment of top poll officers and compromises the autonomy of the poll body.

During the discussion the Bill in Rajya Sabha, Congress MP Randeep Surjewala said 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," he said.

Another point in the Bill that had drawn protests from former poll officers was a proposal to strip the Chief Election Commissioner and other Election Commissioners of the status of Supreme Court judges, and bring their salary and rank on par with an officer of Cabinet Secretary-rank. The government later decided to undo this change.