Lok Sabha Passes Bill for Appointment of Chief Election Commissioner and Top Officials

New Delhi: In a highly debated move, the Lok Sabha successfully passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, on Thursday. This follows the earlier approval of the bill by the Rajya Sabha, where the opposition staged a walkout.

The bill outlines procedures for appointing the three members of the Election Commission of India (ECI), conflicting with the Supreme Court’s directive that the selection involve the Prime Minister, Leader of the Opposition, and Chief Justice of India.

In March, the Supreme Court emphasized this committee-based selection until parliamentary legislation is in place. However, the new bill excludes the Chief Justice of India from the committee, raising concerns about the independence of the election commissioners.

A significant amendment shields the Chief Election Commissioner (CEC) and Election Commissioners (ECs) from legal actions related to official duties during their tenure. The bill restricts courts from entertaining proceedings against current or former CECs or ECs for acts or statements made in the discharge of official functions, aiming to safeguard them from legal scrutiny.