Bill on appointment of CEC, ECs passed; in line with direction of SC, says Minister

Responding to the debate, Union Law Minister Arjun Ram Meghwal said though Parliament had passed a law relating to the Election Commission in 1991, it was “half-baked” as it did not deal with the mechanism of appointments.

He said the Bill was in line with the Supreme Court’s direction rather than against it. The direction, he said, was that until a law is enacted, a three-member panel — headed by the PM and comprising the Leader of the Opposition in Lok Sabha and the Chief Justice of India — will select the CEC and ECs, rather than the appointment being done directly by the President on the advice of the government. The panel that the apex court verdict talked about was, thus, supposed to be a stop-gap arrangement, said the minister.

He said as per the doctrine of separation of powers, appointments to the poll panel come under the domain of the executive.

When the Bill came up for consideration in the Rajya Sabha earlier this month, the government had moved several amendments in response to objections by Opposition parties and former CECs on some provisions.

Once the Bill becomes an Act, a search committee headed by the Law Minister and comprising two Union secretaries will shortlist five names for consideration of the selection committee for appointment as the CEC and ECs. Out of these, the three-member panel will select EC members.

Significantly, if there is no LoP in the Lower House — there has been no official LoP since 2014 as the leading Opposition party, the Congress, has not been able to win 10% of the Lok Sabha seats, the requirement to have the LoP position — the leader of the single largest Opposition party in the Lok Sabha will be deemed to be the LoP.

The selection panel will have the power to consider even those not shortlisted by the search committee.

According to the amended Bill, the CEC and ECs will be paid a salary equal to that of a Supreme Court judge. The amended Bill protects the CEC and ECs from court cases while discharging their official duties.

Another amendment now part of the Bill makes it clear that the CEC shall not be removed from their office except in like manner and on like grounds as a judge of the Supreme Court. It also states that ECs shall not be removed except on the recommendation of the CEC.

The CEC and ECs will be appointed from amongst persons who are holding or have held a post equivalent to the rank of secretary.