Bill Introduced On Election Body Appointments; No Place For Chief Justice In Selection Panel

New Delhi: A new bill was introduced in Rajya Sabha on Thursday which proposes that the Chief Election Commissioner and Election Commissioners will be selected by a three-member panel comprising the Prime Minister, Leader of Opposition in Lok Sabha and a Cabinet Minister.

One significant name missing on the panel is that of the Chief Justice of India (CJI).

It was in March this year that the Supreme Court had ruled appointments to the election body would be made on the advice of a committee comprising Prime Minister, Leader of Opposition in Lok Sabha and the Chief Justice.

A five-judge constitution bench, headed by Justice KM Joseph, had given a unanimous verdict that the process would remain in place until Parliament framed a law on the selection process. The ruling was to ensure the independence of Election Commission of India.

“An Election Commission that does not guarantee the rule of law is against democracy. In its wide spectrum of powers, if exercised illegally or unconstitutionally, it has an effect on the outcomes of political parties. The Election Commission has to be independent; it cannot claim to be independent and then act in an unfair manner. A person in a state of obligation to the state cannot have an independent frame of mind. An independent person will not be servile to those in power,” Justice Joseph had stated.

Earlier, the Chief Election Commissioner and election commissioners were appointed by the President on the Central government’s recommendation.

The Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023, has been listed for introduction in the Rajya Sabha today.

Union Law Minister Arjun Ram Meghwal introduced the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023 to “regulate the appointment, conditions of service and term of office of the Chief Election Commissioner and other Election Commissioners, the procedure for transaction of business by the Election Commission and for matters connected therewith or incidental thereto.”

Slamming the new Bill, Congress called it a ‘blatant attempt’ at making the Election Commission a ‘total puppet in the hands of PM’.

“What about the Supreme Court’s existing ruling which requires an impartial panel? Why does the PM feel the need to appoint a biased Election Commissioner? This is an unconstitutional, arbitrary and unfair Bill – we will oppose this at every forum,” senior Congress leader KC Venugopal tweeted.

Delhi CM Arvind Kejriwal accused PM Narendra Modi of “weakening Indian democracy through decision after decision.”

Kejriwal tweeted it was a “very dangerous situation” as the proposed selection panel would have “two BJP and one Congress members”.

“Obviously the selected election commissioner will be loyal to the BJP,” Kejriwal opined.