On Thursday, Indian President Droupadi Murmu formally assented to a bill intended to regulate the appointment, terms of service, and duration of office for the Chief Election Commissioner (CEC) and Election Commissioners (ECs). This assent signals the entry into force of the new legislation, which has sparked concerns about the potential dominance of the government in the selection process of these key roles and the possible threat to the independence of the Election Commission.
The ‘Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill‘ replaces an existing law from 1991. The new bill was first introduced in the upper house of the Indian Parliament, Rajya Sabha, in August 2023 and was subsequently passed in both houses by December 21st.
Under the conditions of the bill, the president appoints the CEC and ECs based on recommendations from a selection committee that includes the prime minister, a Union cabinet minister, and the leader of the largest opposition party in Lok Sabha, the lower house of Parliament. The bill allows these recommendations to remain valid even during committee vacancies. By comparison, a search committee, chaired by the Cabinet Secretary, proposes candidates who have held positions equivalent to that of a central government secretary.
Several changes brought about by the new law have attracted attention. The bill aligns the salary and service conditions for the CEC and ECs with those of the Cabinet Secretary, moving away from the previous system that paired them with the salary of a Supreme Court judge. Moreover, whereas the 1991 law required candidates for the CEC and ECs’ roles to be senior bureaucrats, the new law permits the inclusion of candidates from outside the bureaucracy’s rank.
However, these revisions have also raised concerns among legal professionals and others in the sector. Specifically, the potential government dominance in the selection process of the Election Commission officers could risk its independence. Accepting the selection committee’s recommendations during a vacancy could result in a de facto government monopoly in candidate selection. The alignment of the salaries of the CEC and ECs with the Cabinet Secretary rather than a Supreme Court judge could open avenues for government influence. Moreover, limiting these positions to senior bureaucrats under the previous law may exclude other qualified candidates, especially given the suggestive judicial functions that CECs and ECs perform.
The Election Commission of India, an independent constitutional body, oversees the conduct of elections at both Union and state levels in India, including managing elections for the Lok Sabha, Rajya Sabha, state legislative assemblies, and the offices of the president and vice president. Yet, the impartiality of the Election Commission has been called into question several times recently, heightening concerns around this recent legislative development.
You can read the in-depth report on the matter here.