The Lok Sabha, on December 21, passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.
The statute focuses on governing the appointment, service conditions, and tenure of the chief election commissioner (CEC) and other election commissioners (EC). It also delineates the procedures for the Election Commission's operation. The Bill, previously passed by the Rajya Sabha on December 12, encountered opposition objections, criticising perceived executive overreach and a threat to the election commission's independence.
The new law addresses aspects such as CEC and EC appointment, salary, and removal. The president would appoint them based on a selection committee's recommendation, including the prime minister, a union cabinet minister, and the leader of the opposition or the largest opposition party's leader in the Lok Sabha.
Despite concerns over pay disparity, an amendment maintained CEC and ECs' salary at the Supreme Court judge level, also altering the search committee and removal process. The amendment shields CEC and ECs from legal proceedings related to official duties during their tenure. Notably, the bill excludes the Chief Justice of India from the selection committee, contrary to a March Supreme Court ruling.