A new bill passed to regulate the appointment of chief election commissioner. Here is what the bill says

The Rajya Sabha recently assented to the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Office, and Terms of Office) Bill, 2023 on December 12. The winter season may see the bill becoming legislation. The bill lays down the appointment procedure of the Chief Election Commissioner (CEC) and other Election Commissioners.

Articles in the Constitution

The composition of the Election Commission of the country is laid down in Article 324 of the Indian Constitution. The article talks about the two Election Commissioners (ECs) and the Chief Election Commissioner. As per the Constitution, the appointment of the ECs and the CEC is to be done by the President of the country, subject to any laws formulated by the Parliament. At present, the parliamentary laws do talk about the conditions of service of the ECs and the CEC. However, it does not talk much about their appointments. Even today, the appointment is done by the President of the country. To date, the independence while appointing the commissioners is not backed by any mechanism.

The proposed law

The Chief Election Commissioner and the Election Commissioners, as proposed by the recent bill, shall be appointed from individuals who are either holding or have held a position equivalent to the Secretary's rank to the Government of India. The proposed bill expresses that there shall be a setup of a search committee led by the Minister of Law and Justice. The committee shall be a panel consisting of five people for consideration by the selection committee. Even after the bill turns into legislation, the appointment of the chief election commissioner and the election commissioners will be done by the President, but after the recommendation of the selection committee. The selection committee will consist of the Prime Minister, along with a Union Cabinet Minister nominated by the PM and the Leader of the Opposition in Lok Sabha.