Rajya Sabha Passes Bill: A Transformative Change in the Appointment and Tenure of Election Commissioners
The Rajya Sabha has passed the Chief Election Commissioner and other Election Commissioners (Conditions of Service and Tenure) Bill 2023, signaling a monumental shift in the appointment and tenure process. Dive into the details of this transformative legislation presented by Union Law Minister Arjun Ram Meghwal, exploring the changes, controversies, and potential implications.
Introduction
The recent passage of the Chief Election Commissioner and other Election Commissioners (Conditions of Service and Tenure) Bill 2023 by the Rajya Sabha marks a crucial turning point in the framework governing the appointment and tenure of election commissioners in India. This comprehensive article delves into the key provisions of the bill, shedding light on the intricacies and controversies surrounding this legislative overhaul.
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| Rajya Sabha passes bill related to appointment and tenure of Chief Election Commissioner and other Election Commissioners |
Replacing the Old: Understanding the Transition
The new bill is set to replace the outdated Election Commission (Conditions of Service and Functions of Election Commissioners) Act, 1991. This replacement signifies a progressive approach towards addressing the complexities associated with the appointment, salary, and removal of the Chief Election Commissioner and other Election Commissioners.
The Selection Committee: A New Paradigm
A notable feature of the bill is the introduction of a Selection Committee responsible for recommending the appointment of the Chief Election Commissioner and other Commissioners. This committee comprises the Prime Minister, a Union Minister, the Leader of the Opposition in the Lok Sabha, or the leader of the largest opposition party in the Lok Sabha. Additionally, a search committee, led by the Law Minister, will propose a panel of names to the selection committee, emphasizing candidates' eligibility equivalent to a Secretary to the Central Government.
Judicial Immunity: A Controversial Shield
One of the contentious aspects of the new bill is the provision that prevents courts from considering civil or criminal proceedings against a present or ex-Chief Election Commissioner or Election Commissioner for acts done or words spoken in the discharge of official duty or function. This provision elevates their status to that of Supreme Court judges, shielding them from legal actions related to their official duties.
Contradicting the Supreme Court: Unraveling the Debate
The bill directly contradicts the March 2023 direction by the Supreme Court Constitution bench led by Justice KM Joseph. The direction proposed a selection panel comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India. If the bill is passed, it could render ineffective the Supreme Court's direction, sparking a debate on the separation of powers and the role of the judiciary in the selection process.
The Role of the Chief Justice: Removed from the Committee
In a strategic move to distance the Supreme Court from the selection process, the new bill removes the Chief Justice of India from the selection committee. This maneuver aims to maintain autonomy in the appointment process, yet it sparks concerns about the balance of power and the role of the judiciary in overseeing such crucial appointments.
FAQs: Addressing Common Queries
What prompted the need for a new bill?
The outdated Election Commission Act of 1991 necessitated a comprehensive update to address evolving challenges in the appointment and tenure of election commissioners.
How does the new bill impact the selection process?
The bill introduces a Selection Committee, altering the dynamics of the appointment process, with a focus on eligibility criteria and a search committee.
Why does the bill provide judicial immunity to election commissioners?
The controversial provision aims to shield election commissioners from legal actions related to their official duties, aligning their status with that of Supreme Court judges.
How does the bill contradict the Supreme Court's direction?
The bill's provisions directly oppose the Supreme Court's recommendation for a selection panel, sparking a debate on the separation of powers.
What is the rationale behind removing the Chief Justice from the selection committee?
The strategic move aims to keep the Supreme Court away from the selection process, preserving the autonomy of the appointment process.
How might the new bill impact the role of the judiciary in overseeing crucial appointments?
The bill's removal of the Chief Justice raises concerns about the balance of power and the judiciary's role in overseeing vital appointments.
Conclusion
In conclusion, the passage of the Chief Election Commissioner and other Election Commissioners (Conditions of Service and Tenure) Bill 2023 represents a paradigm shift in India's electoral landscape. As the nation witnesses this transformative change, the implications and controversies surrounding the bill demand careful consideration. The delicate balance between executive and judicial powers is at the forefront, shaping the future of election commissioner appointments in the country.
