Bill moved to remove CJI from panel to select Election Commissioners

Union Minister of State for Parliamentary Affairs and Culture Arjun Ram Meghwal speaks in the Rajya Sabha on August 10, 2023. Photo: Sansad TV via ANI

In a controversial move, the Union government on Thursday introduced a Bill removing the Chief Justice of India (CJI) from a panel to select the Chief Election Commissioner and Election Commissioners. Instead of the CJI, the three-member panel would now consist of a Cabinet Minister besides the Leader of Opposition in the Lok Sabha and the Prime Minister who would head it.

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was introduced by Law Minister Arjun Ram Meghwal in the Rajya Sabha amid din over protests on Manipur.

The Opposition was quick to point out that this will put a question mark on the neutrality of the Election Commission (EC) as the selection panel would effectively have two members of the BJP – the Prime Minister and the Cabinet Minister.

The EC would see a vacancy in February next year when Election Commissioner Anup Chandra Pandey demits office, possibly days before the announcement of dates for 2024 general election.

Earlier this year in March, the Supreme Court had ruled that the selection panel should comprise the Prime Minister, the Leader of Opposition (LoP) in Lok Sabha and the CJI. The court had said the order would hold good until a law was made by Parliament.

Till the SC ruling, Election Commissioners and Chief Election Commissioners (CECs) had been appointed by the President after recommendations by the government.

According to the Statement and Objectives of the Bill, in case there is no LoP in the Lower House of Parliament, the leader of the single largest Opposition party would be considered the LoP.

At first, a panel of five persons would be prepared for consideration of the selection committee, for appointment as the CEC and Election Commissioners.

The Opposition seized the opportunity and accused the government of diluting a Constitution Bench order.

Delhi Chief Minister and AAP national convenor Arvind Kejriwal claimed on X (formerly Twitter) that this was a dangerous situation that can impact the fairness of elections.

Senior Congress leader Randeep Singh Surjewala said on X that it was a “Black Day” for Indian democracy as Modi government seeks to reconstitute “Election Commission of India as Modi Election Commission!”

“As we objected to the brazen assault on India’s Democracy and bulldozing of the Constitutional independence of ECI, the Bill was deliberately introduced in the din, bypassing all sense of Parliamentary procedures and Constitutional propriety,” he said.

Congress general secretary (organisation) 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 on every forum,” Mr. Venugopal said on X.

Objecting to the introduction of the Bill, Communist Party of India (Marxist) Rajya Sabha MP John Brittas in a letter to Rajya Sabha Chairman Jagdeep Dhankhar, said that the introduction of this Bill will override the Supreme Court Constitution Bench’s judgment regarding the appointment of the CEC and other Election Commissioners.

“The independence in the appointment process of CEC and other Election Commissioners has to be preserved as sacrosanct for ensuring the conduct of free and fair elections in the Country. Any attempt to dilute its independence is to be nipped in the bud,” he wrote.

(With inputs from Sobhana K Nair)