Bill downgrades EC to status of Cabinet Secy from that of SC Judge.

• The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, is listed for discussion in the special session starting September 18,
• It was introduced in Rajya Sabha in August

Current scenario

• The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering Union and State election processes in India.
• The President appoints CEC and Election Commissioners.
• They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
• They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court (SC) of India.
• They can resign anytime or can also be removed before the expiry of their term.
• “At present, when the commissioners call a government officer like:
  • the Law Secretary
  • Cabinet Secretary at the Centre
  • the Chief Secretary of a state
• For a meeting, or seek their explanation regarding a lapse or deliberate disregard of their direction, their order is perceived to carry the authority of a Supreme Court Judge.
• The equivalence of the EC to a Judge is implied in the Constitution itself as it says the CEC can only be removed through impeachment.

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023

• It proposes to revise the salary, allowance and service conditions of the Chief Election Commissioner (CEC) and the two Election Commissioners, aligning them with those of a Cabinet Secretary.
• As of today, it is aligned to that of a Supreme Court Judge.
• It deals with the constitution of a committee responsible for selecting the three election commissioners.
• This committee, which has the Prime Minister, Leader of Opposition, and a Union Cabinet Minister does not have the Chief Justice of India as a member, contrary to the Supreme Court’s suggestion in a March 2023 judgment.
• In its ruling dated March 2, 2023, the Supreme Court had said that such appointments must be made based on the recommendations of a committee.
• This committee is to be composed of the Prime Minister, the Chief Justice of India, and the Leader of the Opposition in the Lok Sabha.
• Currently there is no law of a Central government law governing appointments to the Election Commission of India.

Concern

• “Being seen as the equal of a Cabinet Secretary means below an MoS (Minister of State) in stature.

• aligning Election Commissioners with the bureaucracy could potentially tie their hands and erode their perceived authority

• if the Bill is passed, it would create a peculiarity wherein the Constitution stipulates that a CEC can only be removed in a manner similar to that of a Supreme Court Judge.

• However, in practice, the CEC’s service conditions align with those of a Cabinet Secretary.

• It would not only erode their authority but also impact their international standing.

• In many countries, especially developing countries which look up to India’s electoral democracy, their counterparts are either retired Supreme Court Judges or enjoy the status of SC Judges.

• “Half of the countries in the world have judges as Election Commissioners.

• India is the vishwa guru in elections, 108 countries have sent their Election Commissioners to learn from us in the past 10 years.

• equating the EC with the Cabinet Secretary may have been an oversight.

• “In the past few years, the government has similarly equated the salary of the CIC (Chief Information Commissioner) and CVC (Chief Vigilance Commissioner) with that of the Cabinet Secretary instead of an apex court Judge.

• The difference is that the CVC and CIC are not Constitutional bodies like the EC.

• The salary may not be different in the proposed Bill, but what is different is the public perception of who the EC is being equated to.

• Judges are given an independent stature under the Constitution because they have to decide cases that involve the government, the Prime Minister and Ministers.

  • That kind of independence is needed for the Election Commission too.

• This is sending the wrong message about the independent character of the EC.

Prelims Takeaway

• Election Commission of India
• The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023