Centre tweaks Bill to appoint CEC, ECs; likely to table it in Rajya Sabha today

The government is set to introduce a revised version of the controversial bill to appoint the election commissioners, in the Rajya Sabha on Tuesday (December 12).

Changes were made to the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 after opposition parties and former chief election commissioners opposed the previous version of the Bill introduced by the Centre.

The Bill was drafted following a Supreme Court judgement in March in which the top court said that a committee made of the prime minister, the chief justice of India (CJI) and the leader of the Opposition will be responsible for selecting the Chief Election Commissioner (CEC) and the Election Commissioners (ECs). The Centre, however, replaced the CJI with a Union minister in the draft version of the Bill.

What are the changes?

Under the revised version, the Centre has reportedly decided to retain the status of the CEC and other election commissioners on par with judges of the Supreme Court. This will protect the ECs from abrupt removal except with a recommendation from the CEC.

The previous version of the Bill had proposed to bring the status of the CEC and other ECs on par with the Cabinet Secretary. The opposition parties and some former CECs had opposed the move, saying it will go against the independence of the institution.

According to sources, the official amendment says "The CEC and other commissioners shall be paid a salary which is equal to the salary which is equal to the salary of a judge of the Supreme Court."

Reports say, under the revised amendments provisions have also been made to ensure that the CEC and the ECs do not face any civil or criminal proceedings in the discharge of their official duties.

While the earlier version of the bill said that an initial search panel will be formed comprising the cabinet secretary and two senior officials to prepare a list of five names for consideration by the selection committee, the cabinet secretary has now been replaced by the Union law minister.

The government, however, has retained the provision of replacing the CJI with a Union minister in the selection committee.

The Centre had reportedly planned to introduce the Bill in the special session in September but stalled it amid protest by the Opposition.