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Centre moves bill to regulate election commissioners' appointment; Opposition says ‘shocking’
The Supreme Court in March delivered a landmark verdict aimed at insulating the appointment of CEC and election commissioners from the executive's interference.
The Centre has listed a bill for introduction in the Rajya Sabha to regulate the appointment, conditions of service and term of office of the Chief Election Commissioner and other election commissioners, the move which is likely to trigger a fresh tussle between the executive and the judiciary.
The Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill also seeks to set up a procedure for the transaction of business by the Election Commission.
As per the bill, the Election Commissioners shall be appointed by the President on the recommendation of a Selection Committee consisting:
(a) The Prime Minister- chairperson
(b) The Leader of Opposition in the House of the People Member;
(c) A Union cabinet minister to be nominated by the Prime Minister- Member
The Supreme Court had in March delivered a landmark verdict aimed at insulating the appointment of Chief Election Commissioner and election commissioners 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 Opposition in the Lok Sabha and the Chief Justice of India.
Reacting to the development, Delhi chief minister Arvind Kejriwal on Thursday alleged that the prime minister is “weakening Indian democracy with one decision after another”.
“I had already said that the Prime Minister does not believe in the Supreme Court of the country. His message is clear - whatever order of the Supreme Court he does not like, he will bring a law in Parliament and overturn it. If the PM openly does not accept the Supreme Court, then it is a very dangerous situation,” Kejriwal wrote on X (formally Twitter).
“The Supreme Court had formed an unbiased committee which would select unbiased election commissioners. Overturning the order of the Supreme Court, Modi ji made such a committee which would be under his control and through which he would be able to appoint the person of his choice as the Election Commissioner. This will affect the fairness of elections,” Kejriwal alleged.
In another tweet, Kejriwal claimed, “The selection committee of election commissioners proposed by the prime minister will have two members from the BJP and one from the Congress. It is obvious that the election commissioners who will be elected will be loyal to the BJP.”
Trinamool Congress Rajya Sabha MP Saket Gokhale also reacted and alleged that the Modi government has again “brazenly trampled upon an SC judgment & is making the Election Commission its own bunch of stooges".
"Shocking… In a Bill being tabled in Rajya Sabha today, the Chief Justice of India has been replaced by a Union Minister on the Selection Committee to appoint the Chief Election Commissioner & 2 ECs. SC in its judgment had clearly noted that the committee should be
(A) Chief Justice of India
(B) PM
(C) Leader of Opposition
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 tweeted.
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.
A vacancy will arise in the poll panel 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 polls' scheduled by the Election Commission. On the past two occasions, the commission had announced parliamentary polls in March.
