Background: Why Was This Law Needed?
India’s Election Commission is the constitutional body responsible for overseeing free and fair elections across the country. Until now, the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) was governed by the older Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. The 2023 Bill repeals that older law and replaces it with a more structured, transparent framework — largely in response to a Supreme Court ruling calling for a clearer selection process.
How Will Election Commissioners Be Appointed?
The new law introduces a two-tier selection process to bring more transparency to appointments.
First, a Search Committee — headed by the Union Law Minister and two senior bureaucrats of Secretary rank — shortlists a panel of five candidates. From that panel (though not limited to it), a Selection Committee then makes the final recommendation to the President.
The Selection Committee consists of:
- The Prime Minister (Chairperson)
- The Leader of Opposition in the Lok Sabha (Member)
- A Union Cabinet Minister nominated by the Prime Minister (Member)
The President formally appoints the CEC and ECs based on this recommendation. Crucially, the Selection Committee retains the right to consider names beyond those on the shortlisted panel.
Who Is Eligible?
Candidates must have held — or currently hold — a post equivalent to Secretary to the Government of India. Beyond rank, they must demonstrate integrity and have knowledge and experience in managing and conducting elections.
Term of Office
Each Commissioner serves for a six-year term, or until they turn 65 years of age, whichever comes first. There is no re-appointment. If an Election Commissioner is elevated to Chief Election Commissioner, the combined total tenure across both roles cannot exceed six years.
Pay and Benefits
The CEC and ECs will be paid a salary equivalent to that of a Supreme Court Judge. They are also entitled to dearness allowance on par with Supreme Court Judges and can encash up to 50% of their earned leave at the end of their tenure. Serving officials who move to these roles are deemed to have retired from their previous service upon appointment, and may draw pension from that date if they choose.
Importantly, the Bill protects existing officials: those already serving cannot have their pay or benefits reduced by the new law.
Resignation and Removal
Any Commissioner may resign by writing to the President. The Chief Election Commissioner can only be removed in the same manner as a Supreme Court Judge — a very high bar, requiring a motion passed by a special majority in both Houses of Parliament. Other Election Commissioners cannot be removed without a recommendation from the Chief Election Commissioner.
Legal Protection
The Bill grants immunity from civil and criminal proceedings to sitting and former Commissioners for acts done in the discharge of their official duties. This is intended to insulate them from legal harassment while performing their constitutional functions.
How Decisions Are Made
The Election Commission is expected to work by unanimous agreement wherever possible. If the CEC and ECs disagree on a matter, the decision falls to the majority opinion.
Why Does This Matter?
The Election Commission is the guardian of India’s democratic process. The composition of the Selection Committee — and in particular, whether the inclusion of the Chief Justice of India (as directed by the Supreme Court in 2023) is reflected here — has been a subject of significant political and legal debate.
Critics have argued that a committee dominated by the ruling government undermines the independence of the appointment process, while supporters say the involvement of the Leader of Opposition provides a meaningful check. The law as passed does not include the Chief Justice of India in the Selection Committee, departing from the Supreme Court’s direction.
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[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]2021 WEF Global Gender Gap report, which confirmed its 2016 finding of a decline in worldwide progress towards gender parity.
Over 2.8 billion women are legally restricted from having the same choice of jobs as men. As many as 104 countries still have laws preventing women from working in specific jobs, 59 countries have no laws on sexual harassment in the workplace, and it is astonishing that a handful of countries still allow husbands to legally stop their wives from working.
Globally, women’s participation in the labour force is estimated at 63% (as against 94% of men who participate), but India’s is at a dismal 25% or so currently. Most women are in informal and vulnerable employment—domestic help, agriculture, etc—and are always paid less than men.
Recent reports from Assam suggest that women workers in plantations are paid much less than men and never promoted to supervisory roles. The gender wage gap is about 24% globally, and women have lost far more jobs than men during lockdowns.
The problem of gender disparity is compounded by hurdles put up by governments, society and businesses: unequal access to social security schemes, banking services, education, digital services and so on, even as a glass ceiling has kept leadership roles out of women’s reach.
Yes, many governments and businesses had been working on parity before the pandemic struck. But the global gender gap, defined by differences reflected in the social, political, intellectual, cultural and economic attainments or attitudes of men and women, will not narrow in the near future without all major stakeholders working together on a clear agenda—that of economic growth by inclusion.
The WEF report estimates 135 years to close the gap at our current rate of progress based on four pillars: educational attainment, health, economic participation and political empowerment.
India has slipped from rank 112 to 140 in a single year, confirming how hard women were hit by the pandemic. Pakistan and Afghanistan are the only two Asian countries that fared worse.
Here are a few things we must do:
One, frame policies for equal-opportunity employment. Use technology and artificial intelligence to eliminate biases of gender, caste, etc, and select candidates at all levels on merit. Numerous surveys indicate that women in general have a better chance of landing jobs if their gender is not known to recruiters.
Two, foster a culture of gender sensitivity. Take a review of current policies and move from gender-neutral to gender-sensitive. Encourage and insist on diversity and inclusion at all levels, and promote more women internally to leadership roles. Demolish silos to let women grab potential opportunities in hitherto male-dominant roles. Work-from-home has taught us how efficiently women can manage flex-timings and productivity.
Three, deploy corporate social responsibility (CSR) funds for the education and skilling of women and girls at the bottom of the pyramid. CSR allocations to toilet building, the PM-Cares fund and firms’ own trusts could be re-channelled for this.
Four, get more women into research and development (R&D) roles. A study of over 4,000 companies found that more women in R&D jobs resulted in radical innovation. It appears women score far higher than men in championing change. If you seek growth from affordable products and services for low-income groups, women often have the best ideas.
Five, break barriers to allow progress. Cultural and structural issues must be fixed. Unconscious biases and discrimination are rampant even in highly-esteemed organizations. Establish fair and transparent human resource policies.
Six, get involved in local communities to engage them. As Michael Porter said, it is not possible for businesses to sustain long-term shareholder value without ensuring the welfare of the communities they exist in. It is in the best interest of enterprises to engage with local communities to understand and work towards lowering cultural and other barriers in society. It will also help connect with potential customers, employees and special interest groups driving the gender-equity agenda and achieve better diversity.