On Tuesday, the Rajya Sabha witnessed heated criticism from the Opposition regarding the government’s Bill aimed at regulating the appointment process of the Election Commission. The Opposition argued that the proposed legislation would grant the executive undue influence in selecting Chief Election Commissioners and Election Commissioners aligned with the ruling party.
Despite the vehement objections, the Upper House passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 through a voice vote after the Opposition staged a walkout. The Bill aims to oversee the appointment of the Election Commission of India (ECI) by establishing a three-member selection committee. This committee comprises the Prime Minister, the Leader of the Opposition or the leader of the single largest Opposition party in the Lok Sabha, and a Cabinet Minister designated by the Prime Minister.
Opposition MPs expressed concerns that the Bill provides an “advantage” to the government in the selection of the Chief Election Commissioner and Election Commissioners. In response to the criticism, Law Minister Arjun Ram Meghwal questioned the Congress, asking why they overlooked a legal flaw in 1991. Meghwal contended that those who hadn’t “introspected themselves” were now advising the government.
Criticism also arose regarding the decision to replace the Chief Justice of India with a Cabinet Minister in the panel. MPs questioned this move, referring to a March 2 Supreme Court judgment that had ordered a panel of the Prime Minister, Leader of the Opposition, and Chief Justice of India to select the ECI until Parliament enacted a law.
During the discussion on the Bill, Congress MP Randeep Singh Surjewala accused the legislation of “bulldozing” the independence of the Election Commission. He argued that the selection committee was merely a “formality,” raising concerns about the erosion of the EC’s autonomy.
The passage of this Bill, amid robust objections, highlights the contentious nature of the proposed changes to the appointment process for the Election Commission and the concerns raised by the Opposition regarding the potential impact on the independence of the electoral body.