Bill seeking to replace CJI with Cabinet minister in CEC selection panel tabled in Rajya Sabha, sparks outrage

In March, the Supreme Court had insisted executive dominance in the appointment of election commissioners was unconstitutional.

BySouth First Desk

Published Aug 10, 2023 | 4:48 PM ⚊UpdatedAug 10, 2023 | 4:48 PM

Election commissioner

Bill seeking to replace CJI with Cabinet minister in panel for selection of CEC, ECs tabled in Rajya Sabha.

In a move that sparked widespread outrage, the Union government has tabled a Bill in Parliament that seeks to replace the Chief Justice of India with a Cabinet minister in the three-member panel to select the Chief Election Commissioner (CEC) and election commissioners (ECs).

In March, the Supreme Court ruled that in order to ensure free and fair elections, the panel to select the CEC and ECs should comprise the Chief Justice of India, the prime minister and the leader of the Opposition in the Lok Sabha until the time Parliament enacted a law in this regard.

The Constitution Bench of the Supreme Court had also insisted that executive dominance in the appointment of election commissioners was unconstitutional.

This bill in its current form, however, gives an absolute majority to the executive in the process of appointing top election officers in the country. This also comes when the 2024 Lok Sabha election is less than a year away.

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 on Thursday, 10 August.

According to the Bill, future CEC 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, contrary to the spirit of the Supreme Court’s judgement that emphasised on the decision-making process being independent of government.

Also read: Double-engine government is double disaster in Manipur: Kanimozhi

Opposition raises concern

The new move is being seen as an attempt by the BJP-led government to exercise control over the appointments to the top positions of the Election Commission of India (ECI).

Opposition leaders, including from the Congress and the Aam Aadmi Party (AAP), immediately voiced their concerns and accused the government of diluting the order of the Supreme Court’s Constitution Bench.

Congress general secretary (organisation) KC 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 on every forum,” Venugopal said on X (formerly Twitter).

Congress MP and the party’s whip in Lok Sabha, Manickam Tagore, alleged that Prime Minister Modi and Union Home Minister Amit Shah wanted to control the ECI by bringing the bill. “Modi and Shah want to control the EC as they are doing now,” Tagore wrote on X.

Delhi Chief Minister Arvind Kejriwal said he has always maintained that the government will overturn any Supreme Court order that it doesn’t like and this is a dangerous situation that can impact 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.

Senior lawyer Prashant Bhushan noted that the Bill was unconstitutional since the apex court had ordered that the ECI should be independent of government control.

“This Bill moved by the govt to negate the CB judgement of the SC mandating the appt of the ECs by a committee of the PM, LOP & CJI; &again seeking to control the appt of ECs will be unconstitutional since the SC has emphasized that the appt of ECs must be indep of govt control,” he wrote on X.

Rajya Sabha MP Saket Gokhale claimed that PM Modi was trying to rig the 2024 elections with the move.

“In the Bill, the Modi Govt has replaced CJI with “a Union Minister”. Basically, now, Modi & 1 Minister will appoint the entire Election Commission. This is a clear step towards rigging the 2024 elections after fear has been struck into BJP’s heart by the united INDIA alliance,” he wrote on X.

Mansoor Khan, AICC secretary in charge for Telangana also claimed that it was a move by the BJP to rig the 2024 elections.

Also read: ‘Your politics is onslaught on India, you aren’t patriots’, says Rahul Gandhi

Election Commissioner to retire in February

A vacancy will arise in the ECI early next year when Election Commissioner Anup Chandra Pandey demits office on 14 February, 2024, on attaining the age of 65.

His retirement will come just days before the likely announcement of the 2024 Lok Sabha polls’ schedule by the ECI. On past two occasions, the commission had announced parliamentary polls in March.

The apex court in its March verdict had aimed at insulating the appointment of the CEC and the ECs from the Executive’s interference.

It had ruled that 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 Chief Justice of India.

A five-judge Constitution Bench headed by Justice KM Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament.

Before the Supreme Court ruling, the Chief Election Commissioner and election commissioners were appointed by the President on the recommendation of the government.

(With PTI inputs)

Tags:  

Recommended For You

Latest News

Top News