On Thursday, the Lok Sabha passed the controversial Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023. The Bill was passed in Lok Sabha earlier in the day amidst the en masse suspension of Opposition members of Parliament (MPs). On December 12, the Rajya Sabha had passed the Bill.

The bill seeks to define the procedures for appointing the three members of the Election Commission of India (ECI). However, it is in direct conflict with the Supreme Court's directive, which stipulates that the Election Commission should be appointed by a panel consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI).

In March of this year, a constitutional bench of the Supreme Court, headed by Justice KM Joseph, issued a ruling stating that the election commissioners should be chosen by a committee consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice. “We declare that as far as the appointment to the posts of Chief Election Commissioner and the Election Commissioners are concerned, the same shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in case, there is no such Leader, the Leader of the largest Party in the Opposition in the Lok Sabha having the largest numerical strength, and the Chief Justice of India”.

The apex court added, “This norm will continue to hold good till a law is made by the Parliament”.

The Supreme Court passed this direction to ensure the independence of the election commissioners. However, in an attempt to keep the Supreme Court away from the selection process, the new bill has dropped the Chief Justice of India from the selection committee.

The bill additionally provides that the Chief Election Commissioner (CEC) and Election Commissioners (ECs) will serve a term of six years from the date of assuming office or until reaching the age of sixty-five, whichever comes first. It further specifies that if an election commissioner is appointed as the Chief Election Commissioner, the total term of office, both as the Election Commissioner and Chief Election Commissioner, should not exceed six years. Reappointment is not permitted for both the CEC and ECs.

One crucial amendment involves a provision that safeguards the Chief Election Commissioner (CEC) and Election Commissioners (ECs) from legal proceedings concerning actions taken in the course of their official duties during their tenure.

The new bill prohibits courts from considering civil or criminal cases involving current or former CECs or ECs for actions taken or remarks made while performing official duties or functions.

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