Selecting new CEC, ECs: Bill seeks to drop CJI from 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 postlunch session.

According to the Bill, future CECs and ECs will be selected by a threemember 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.

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.