ECI members to have same status as SC judges: Why Govt has chosen to make U-turn on proposed Bill

The Bill was introduced in Parliament on August 10, but was not taken up for discussion in the Monsoon Session. It has now been listed for consideration and passing on Tuesday (December 12), along with key amendments that would ‘restore’ the status of the members of the ECI.

What is this Bill, and what did it propose?

On March 2 this year, a five-judge Constitution Bench of the Supreme Court had ruled that the Chief Election Commissioner (CEC) and Election Commissioners (ECs) should be appointed by a committee comprising the Prime Minister, Leader of Opposition in Lok Sabha, and the Chief Justice of India (CJI).

The Constitution lays down no specific legislative process for the appointment of the CEC and ECs. As a result, the central government has a free hand in appointing these officials. The President makes the appointments on the advice of the Union Council of Ministers headed by the Prime Minister.

The Supreme Court, however, made it clear that its order would be “subject to any law to be made by Parliament”. Consequently, the government brought The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, which proposed a committee comprising the PM, Leader of Opposition and, instead of the CJI, a Cabinet Minister nominated by the PM.

This Bill also proposed giving the CEC and ECs the same salary, perks, and allowances as that of the Cabinet Secretary. The Bill would replace The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, under which the CEC and ECs have the same salary as that of a Supreme Court judge.

So why was the Bill criticised?

Some Opposition leaders criticised the Bill for replacing the CJI in the selection committee with a Cabinet Minister — which effectively means the government will at all times have the majority to ram through its choice of candidate.

But the main issue flagged by current and former ECI officials was the apparent downgrading of the status of the ECI.

While the salaries of a Supreme Court judge and the Cabinet Secretary are the same, there are differences in the allowances and perks. However, a group of former CECs wrote to the government objecting to the downgrade not on account of the change in perks, but because of the change of status.

They argued that the ECI currently has the status of a Supreme Court judge and can summon senior officials and even Ministers; if this status is changed to that of a government official, it would affect their ability to do so.

What happens now?

Since no vacancy has emerged in the ECI since the Supreme Court order of March, no appointments have been made through the mechanism laid down by the court. The next vacancy is expected to arise in February 2024, when EC Anup Chandra Pandey will retire.

Meanwhile, the amendments that are set to be moved by Law Minister Arjun Ram Meghwal are expected to restore the equivalence with a Supreme Court judge.

According to the amendments proposed by the Minister, the status of the EC would be kept the same as that of a Supreme Court judge, with the same salary, dearness allowance and leave encashment rules.