The Chief Election Commissioner (CEC) and Election Commissioners (EC) (Appointment, Conditions of Service and Term of Office) Bill, 2023 was introduced in the Rajya Sabha by Law Minister Arjun Ram Meghwal on 10 August. The Bill initially proposed aligning the salaries of the CEC and ECs with that of the cabinet secretary, prompting concerns from former CECs about a perceived downgrade in the Commission’s status.
In response to these concerns, the Union government is set to bring an amendment on Tuesday, 12 December, 2023, to establish parity in salary and perks with a Supreme Court judge, deviating from the earlier proposal.
The Bill, along with proposed amendments by minister Meghwal, was listed for discussion and passing in the Rajya Sabha on 12 December, 2023.
Notable amendments include replacing the cabinet secretary with the law minister as the head of the search committee responsible for shortlisting EC candidates. Furthermore, the proposed changes involve altering the removal process for the CEC, equating it with that of a Supreme Court judge, and granting protection against legal actions for acts committed during their official duties.
The initial Bill had maintained uniformity in the removal process for the CEC and ECs, in accordance with Clause (5) of Article 324 of the Constitution.
The amendment also adds a clause safeguarding the CEC and ECs from civil or criminal proceedings related to actions taken while in office. It specifies that no court shall entertain or continue such proceedings against individuals who held or currently hold the position of CEC or EC for acts, words, or deeds carried out in the discharge of their official duties or functions.