Rajya Sabha passes bill on CEC and EC appointments, service terms

Official amendment seeks to insert new clause in bill to protect CEC, ECs from court cases while discharging duties

Rajya Sabha passes bill on CEC and EC appointments, service terms

Opposition parties and some former CECs had opposed the move. Representation pic

The Rajya Sabha on Tuesday passed a bill to regulate the appointment and service terms of the Chief Election Commissioner and Election Commissioners. The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was passed in the Upper House of Parliament with a voice vote.

The bill, which was introduced in the House on August 10, seeks to replace the 1991 Act which did not have a clause related to the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs). Several opposition parties expressed apprehension that the new bill will allow the ruling party to appoint ‘yes men’ and influence their conduct which would harm democracy.

“It completely negates and subjugates the Election Commission to the authority of the Executive and it does away willingly, maliciously the judgement of the Supreme Court and that is why this law is per se like a stillborn child,” Congress MP Randeep Singh Surjewala claimed.

Replying to the debate, Law Minister Arjun Ram Meghwal said the new legislation has been necessitated as the earlier Act had certain weaknesses. He also rebutted Opposition allegations that the bill has been brought to circumvent a judgement of the Supreme Court related to the appointments of the CEC and the ECs. Rather, he said, it is in accordance with the direction of the apex court judgement and also to ensure the separation of power as enshrined in the Constitution.

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