Rajya Sabha passes bill to regulate appointments of CEC, ECs; Oppn walks out
New Delhi, Dec 12: Rajya Sabha on Tuesday passed a bill to regulate the appointment and service terms of Chief Election Commissioner and Election Commissioners incorporating key amendments like retaining their status at par with Supreme Court judges, upgrading the search committee and inserting a new clause to protect them from court cases while discharging their official duties.
While the bill was passed by a voice vote, opposition members alleged the proposed measure subjugates the poll authority to the Executive and violates the Constitution. They also alleged that it was an attempt to circumvent the Supreme Court order on the appointment of CEC and ECs and walked out of the House, expressing unhappiness over the minister's reply.
When the bill was introduced in the Upper House in August this year, opposition parties and some former CECs had objected to the members of the poll panel being equated to the cabinet secretary. They had claimed that the move would compromise the independence of the institution.
At present, the CEC and fellow ECs enjoy the status of a judge of the Supreme Court. By bringing the amendment, the government has retained that status.
Replying to the debate, Law Minister Arjun Ram Meghwal said some amendments have been brought in for rectification in the structure of the search committee, which was earlier proposed to be under the chairmanship of the cabinet secretary.
Instead, it will be under the chairmanship of the law minister with two Union secretaries as members, he added.
He pointed out that under another amendment moved by him, the CEC and other commissioners shall be paid a salary that is equal to the salary of a judge of the Supreme Court.
The bill had earlier proposed that the salary of the CEC and the ECs would be at par with the emoluments of the cabinet secretary.
A new clause related to protection from initiation of legal proceedings against the CEC and ECs for actions taken while carrying out their duties has also been introduced through the amendments, the law minister said.
The new clause comes against the backdrop of the Telangana High Court placing under suspension a special sessions judge in connection with a "direction" given by him to police for registering an FIR against Chief Election Commissioner Rajiv Kumar and several others, saying the judge acted in "undue haste".
The new clause seeks to prevent such incidents, a functionary said.
Another proposed amendment make it clear that the chief election commissioner shall not be removed from his office except in the manner and on the grounds as a judge of the Supreme Court.
It also states that the other election commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.
These two clarifications are in line with constitutional provisions mentioned in Article 324 dealing with the Election Commission, a former poll panel functionary pointed out.
In his reply, Meghwal noted that the working of the EC has been impartial and it will remain so.
The government is committed to keep it that way, he stressed.
The minister said the new legislation has been necessitated as the earlier Act had weaknesses.
He also rebutted the Opposition's allegations that the bill has been brought to circumvent a judgement of the Supreme Court related to the appointments of CEC and ECs.
"This bill which we have brought is not against the Supreme Court. It has been brought as per the directions given by the Supreme Court. It is per the provisions listed under the Article 324 (2). It also follows the separation of powers as listed under Article 50 of the constitution," Meghwal said.
The bill was brought after the Supreme Court in March ruled that a three-member panel, headed by the Prime Minister and comprising the leader of the opposition in Lok Sabha and the Chief Justice of India, will select the CEC and ECs till a law is framed by Parliament on the appointment of these commissioners.
As per the bill, the prime minister will head the selection committee with the leader of the opposition in the Lok Sabha and a Union Cabinet minister as the other two members.
During the debate, Congress MP Randeep Singh Surjewala alleged the proposed legislation completely negates and violates the very spirit of the Constitution that is enshrined in Article 14.
"It completely negates and subjugates the Election Commission to the authority of the Executive and it does away willingly, maliciously the judgement of the Supreme Court and that is why this law is per se like a stillborn child," he alleged.
Amar Patnaik (BJD) supported the bill and argued that the independence of the CEC has been maintained and there is "no affront to the independence and interference in the election process", as argued by the Opposition members.
After the walkout by the opposition, senior Samajwadi Party MP Ram Gopal Yadav said, "It has now become clear that this government wants to have total control over the Election Commission and wants to tilt the election process in their favour."
"Now there is no scope of holding impartial elections," he claimed.
AAP MP Raghav Chadha alleged it is "not a bill but a bulldozer with which the government has finished the Election Commission's impartiality".
Subhas Chandra Bose Pilli (YSRCP) spoke in Telugu in support of the bill.
DMK member R Girirajan, Mahua Maji (JMM) and Binoy Visvam of CPI opposed the bill.
Various other members including Dinesh Sharma (BJP), K Ravindra Kumar (TDP), Ajit Kumar Bhuyan (Ind), Kavita Patidar (BJP), M Thambidurai (AIADMK), Deepak Prakash (BJP), GK Vasan TMC (M), Ajay Pratap Singh (BJP), Priyanka Chaturvedi (Shiv Sena) and Vandana Chavan (NCP) also participated in the discussion.
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Hubballi: Gym trainer assaulted; police say clash due to personal reasons
Hubballi: A gym trainer was allegedly assaulted by a group of people following accusations of sexual assault and ‘love jihad’, even as both families involved in the case traded serious allegations.
According to police, a group of individuals went to the residence of Sameer Mulla, a resident of Vijayanagar, and questioned him over his friendship with a woman he had met at a gym. The situation escalated into a clash, during which he was allegedly dragged away and assaulted. He sustained minor injuries and was admitted to KIMS hospital.
N. Shashikumar said that after this incident, members from Sameer’s side went to the woman’s house, leading to another clash in which one person was injured. “It was wrong for groups to go near houses. We will take necessary legal action,” he said, adding that the incident appears to have arisen from personal reasons. Police have taken some individuals into custody and are investigating the matter.
Sameer Mulla was reportedly thrashed by a group of Sangh Parivar activists and later handed over to police at the Old Hubballi Police Station after relatives of the woman and members of Hindu organisations gathered at his residence in Rajnagar.
The woman’s family alleged assault and threats from Sameer’s relatives at their Vikas Nagar residence.
Meanwhile, Sameer’s family denied the allegations and accused the woman’s relatives and others of assaulting and kidnapping him. His sister said the two had been in a relationship for three years and that the allegations were baseless.
Police said statements from both sides have been recorded, and a detailed investigation is underway. Sameer remains hospitalised, and appropriate legal action will be taken based on findings.
In a video statement shared on social media, the 20-year-old woman alleged that Sameer had given her an intoxicant, recorded videos without her consent, and sexually assaulted her. She lodged a complaint alleging rape and blackmail, which police are investigating.
In another video, Sameer denied the allegations, claiming the video was recorded with consent and that the accusations were made under pressure.
Former Hubballi-Dharwad Urban Development Authority (HDUDA) chairman Nagesh Kalburgi termed the incident a serious matter and urged police to take strict action.
Police said the case involves multiple complaints from both sides, and further investigation is underway.
