NB Explains | Centre all set to drop CJI from selection process of election body appointments ; Know about bill
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.
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The Centre on Thursday tabled in the Rajya Sabha a contentious bill that seeks to replace the Chief Justice of India with a cabinet minister in the panel set up for selection and appointment of chief election commissioners and election commissioners. The move is speculated to trigger a new tension between the Executive and the Judiciary.
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.
It has been reported that several Opposition parties including the Congress and AAP have strongly opposed the bill and criticised the Centre of diluting a Constitution bench order.
A vacancy is set to occur in the Election Commission (EC) in the coming year as Election Commissioner Anup Chandra Pandey is due to retire on February 14 upon reaching the age of 65. His retirement will coincide with the anticipated announcement of the 2024 Lok Sabha elections' timetable by the EC. In the previous two instances, the commission had declared parliamentary elections in March.
What is the bill
As per the bill the three-member committee led by the prime minister will be responsible for appointing future chief election commissioners and election commissioners.This panel will also include the leader of the opposition in the Lok Sabha and a Cabinet minister.
It is quite evident that the bill clearly aims to dilute the Supreme Court's March 2023 judgment in which a Constitution bench held that the appointment of Chief Election Commissioners and Election Commissioners shall be done by the President on the advice of a panel comprising the Prime Minister, Leader of Opposition and the Chief Justice of India.
Big Breaking News - Modi Govt will table Bill on appointment of Chief Election Commissioner to exclude Chief Justice of India for CEC selection.🔥🔥
— Times Algebra (@TimesAlgebraIND) August 10, 2023
Earlier Supreme Court had decided that CJI, PM and Leader of opposition in loksabha will select CEC. Another bold move by Modi…
A constitution bench composed of five judges, led by Justice KM Joseph, reached a unanimous decision affirming that this principle would remain effective until Parliament enacts a law addressing this matter.
Earlier process and new process
Before the Supreme Court ruling, the Chief Election Commissioner and election commissioners were appointed by the President on the recommendation of the government.
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 Aam Aadmi Party's national convener, alleged on X, formerly known as Twitter.
According to the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, the Chief Election Commissioner other election commissioners shall be appointed by the President on the recommendation of a Selection Committee consisting of the prime minister, who will be the chairperson; the leader of opposition (LoP) in the Lok Sabha and a Union Cabinet minister to be nominated by the prime minister.
According to the bill, the appointment of the Chief Election Commissioner and other Election Commissioners "shall not be invalid" merely by reason of any vacancy in or any defect in the constitution of the selection committee.