Controversial Bill Replaces CJI in Election Panel

New Delhi: Amid uproar by the Opposition, the Centre on Thursday introduced in the Rajya Sabha a contentious Bill that seeks to replace the Chief Justice of India with a Cabinet minister in the panel for selection of the chief election commissioner and election commissioners.

Law minister Arjun Ram Meghwal moved the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill 2023 in the Upper House in the post-lunch session.

According to the Bill, future CECs and ECs will be selected by a three-member panel headed by the Prime Minister and comprising the Leader of the Opposition in the Lok Sabha and a Cabinet minister.

The Opposition leaders, including from the Congress and the AAP, immediately seized the opportunity and accused the government of diluting a Constitution Bench order. The Bill comes months after the Supreme Court in March ruled that the selection panel should comprise the Prime Minister, the LoP in the Lok Sabha and the CJI, till a law is framed by Parliament on the appointment of the CEC and ECs.

A vacancy will arise in the Election Commission early next year when election commissioner Anup Chandra Pandey demits office on February 14 on attaining the age of 65 years. His retirement will come just days before the likely announcement of the 2024 Lok Sabha election schedule by the EC. On the past two occasions, the commission had announced the parliamentary polls in March.

The apex court in its March verdict had aimed at insulating the appointment of the CEC and ECs from the executive’s interference. It had ruled their appointments will be done by the President on the advice of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha and the CJI.

A five-judge Constitution Bench headed by Justice K.M. Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament. Prior to the Supreme Court ruling, the CEC and ECs were appointed by the President on the recommendation of the government.
Delhi chief minister Arvind Kejriwal said he has always maintained that the government will overturn any Supreme Court order which it doesn’t like and this was a dangerous situation which can impact the fairness of elections. The proposed panel will have two BJP members and one from the Congress, and therefore, whoever is selected to the poll panel will be loyal to the ruling party, Kejriwal, who is the AAP’s national convener, alleged on X, formerly known as Twitter.

AICC general secretary (organization) K.C. Venugopal hit out at the government over the Bill, calling it a “blatant attempt at making the Election Commission a total puppet in the hands of the Prime Minister (Narendra Modi).”

“What about the Supreme Court's existing ruling which requires an impartial panel? Why does the Prime Minister feel the need to appoint a biased election commissioner? This is an unconstitutional, arbitrary and unfair Bill… we will oppose this in every forum,” Venugopal said on X.

Congress MP and Lok Sabha whip Manickam Tagore alleged that Modi and Union home minister Amit Shah want to control the EC by bringing the Bill. “Modi and Shah want to control the EC as they are doing now,” Tagore wrote on X.

The Bill moved in the Upper House says the appointment of the CEC and ECs “shall not be invalid” merely by reason of any vacancy in or any defect in the constitution of the selection committee. In case there is no LoP in the Lower House of Parliament, the leader of the single largest party in the Opposition in the Lok Sabha will be deemed to be the LoP.

The CEC and ECs will be appointed from amongst persons who are holding or have held a post equivalent to the rank of secretary and shall be persons of integrity, who have knowledge of and experience in management and conduct of elections.

A “search committee” headed by the Cabinet Secretary and comprising two other members not below the rank of secretary, having knowledge and experience in matters relating to elections, shall prepare a panel of five persons for consideration of the selection committee, for appointment as the CEC and ECs.