Ex-CECs believe Bill to appoint top poll officials ‘downgrades’ status of Election Commission; set to advise PM

The former CECs raised concern that the new Bill will ‘downgrade service conditions of the election commissioners to a bureaucrat from a SC judge.

One of the key Bills to be introduced during the Parliament's special session is the one to change the mechanism for appointing the election commissioners. The proposed law seeks to ‘dilute and override’ a Supreme Court judgement that barred the executive to have absolute power to appoint the Chief Election Commissioner (CEC) and other election commissioners (EC).

The Election Commission (EC). (HT Photo/ Representational image)

Arguing that the proposed Bill 'downgrades' the service conditions of three election commissioners by equating their salaries with that of a Cabinet Secretary instead of a Supreme Court Judge, which they are currently entitled to, a group of former CECs has decided to write to Prime Minister Narendra Modi to raise their concern on the matter, The Indian Express reported.

Former CEC SY Quraishi told News18 the new Bill will lower the status of the Election Commission of India along with that of the top poll panel officials. He pointed out that when these top officials will be renumerated equivaltent to a bureaucrat their status will be considered below a Minister of State which may cause hindrance for them to take action against the politicians, adding that election commissioners in most countries are ‘judges themselves’. “…They will not look upon our bureaucrats with the same respect that they have been doing so far,” he said.

In the letter, the former CECs are expected to advise the government against the implementation of this change and preserve the status quo of the EC.

However, the government has countered these concerns by saying that the new Bill isn't going to amend the ‘Table of Precedence’ – a protocol list used to determine the ranks of government functionaries and authorities – and the CEC will have the same rank or status as earlier.

What does the new Bill say?

The Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023, was introduced by the government in Rajya Sabha during the last Monsoon Session. The Bill was introduced essentially to remove the Chief Justice of India from the earlier formed panel to appoint EC and CECs, contrary to the Supreme Court judgement. The panel will have three members including the Prime Minister, a Union minister and the Leader of Opposition in Lok Sabha.

The Bill also seeks to change salary and allowance structure of top poll officials, thereby altering their service conditions from that of a judge in the top court to a Cabinet Secretary.

Earlier, the ECs and CECs were appointed based on recommendations of suitable candidates by Union law minister to PM, who then selected the candidates and then President made the appointment.

Opposition on the Bill

The government faced criticism for introducing the Bill as the Opposition parties called it an ‘assault on the Constitution, the judiciary and people’s rights to elect their own government in fair and impartial manner'.

They said the panel proposed in the Bill does not constitute a check and balance and that the appointment committee is an ‘empty formality’ as they are ascertained that not a single Cabinet minister would vote against the Prime Minister.

“With these three members, we know which direction it is going to go in... Now onwards, there is no doubt, we cannot even think of free and fair elections and Article 324 is virtually redundant. If you look at the past record of the way how the EC has handled complaints against the ruling party, now onwards when they will have the patronage, they believe they have been chosen by a regime...even the election commission shall become more than what the word sham describes,” RJD MP Manoj Jha said earlier.

Article 324 vests the superintendence, direction and control of elections in an Election Commission.