A new bill that equates the Chief Election Commissioner (CEC) and the Election Commissioners (ECs) with the Cabinet Secretary has come under questions over the downgrading of their authority.
As per the current provisions, the CEC and the ECs are equivalent to Supreme Court judges, but proposed changes in the The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, equate them to Cabinet Secretary in terms of salaries.
While the financial implications of the proposed change, part of the bill introduced in Rajya Sabha on August 10, is not significant, questions have risen at the political signals the Narendra Modi government is sending with the move and the reduced authority that the CEC and ECs will now have, as while being equivalent to an SC judge comes with strong authority, the proposed changes would put them below ministers in the pecking order.
"The salary, allowances and other conditions of service of the Chief Election Commissioner and other Election Commissioners shall be the same as those of the Cabinet Secretary," says Section 15 of the new bill, according to a copy of the bill uploaded by PRS Legislative Research.
The equivalent part of the current law, The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, reads: "There shall be paid to the Chief Election Commissioner 2 [and other Election Commissioners] a salary which is equal to the salary of a Judge of the Supreme Court."
The Indian Express reported that the new bill is listed for discussion in the Special Session of the Parliament during September 18-22, which is already shrouded in mystery over lack of any clarity over its agenda.
"Being seen as an equal of the Cabinet Secretary means you are even below an MoS (ministe of state) in stature. How do you think that will play out when the Commission tries to discipline a Union minister for violations during an election," said a source to The Express.
The source further said, "At present, when the commissioners call a government officer – say the Law Secretary or Cabinet Secretary at the Centre or the Chief Secretary of a state – for a meeting, or seek their explanation regarding a lapse or deliberate disregard of their direction, their order is perceived to carry the authority of a Supreme Court Judge. They are not their equals. How do you think it will affect their command and control if they are seen as equal to Cabinet Secretar."
The paper also noted that another oddity would appear if the bill is made into a law as the Constitution states that CEC and ECs can only be removed in a manner similar to a judge of the Supreme Court, but the bill would align their service conditions with that of a Cabinet Secretary, a bureaucrat.
Former CEC SY Quraishi said that such a move would affect India's international standing too, as much of the developing world looks at India's electoral democracy and most election commissioners abroad are retired Supreme Court judges.
"Half of the countries in the world have judges as Election Commissioners. We are the vishwa guru in elections, 108 countries have sent their Election Commissioners to learn from us in the past 10 years. What are we achieving by downgrading...In the past few years, the government has similarly equated the salary of the CIC (Chief Information Commissioner) and CVC (Chief Vigilance Commissioner) with that of the Cabinet Secretary instead of an apex court Judge. The difference is that the CVC and CIC are not Constitutional bodies like the EC. The equivalence of the EC to a Judge is implied in the Constitution itself as it says the CEC can only be removed through impeachment," said Quraishi to The Express.
Another former CEC described the downgrading to The Express as "dilution of the authority" of EC as the changes would equate the ECs with civil servants and the "political class cannot be disciplined by civil servants".
Another former CEC, anonymously, tells The Express that the independence like SC is needed for Election Commissioners and downgrading is a "wrong message".
"Judges are given an independent stature under the Constitution because they have to decide cases that involve the government, the Prime Minister and Ministers. That kind of independence is needed for the Election Commission too. This is sending the wrong message about the independent character of the EC,” said this former CEC.
While the downgrading of the status has been questioned, the main focus of the bill is on the appointment of the CEC and ECs. The bill says that a committee comprising the Prime Minister, Leader of Opposition in Lok Sabha, and a nominated Union minister would select the ECs. This is in contrast to a suggestion by the Supreme Court that said the Chief Justice of India (CJI) should be on the committee.
