Govt May Move Bill in RS Today to Exclude CJI From Panel to Select Election Commissioners

New Delhi: Law minister Arjun Ram Meghwal is likely to table a Bill in the Rajya Sabha on Thursday that seeks to appoint a committee to appoint Election Commissioners, but excludes the Chief Justice of India (CJI) from the panel.

This is in contrast to the landmark judgement by the Supreme Court in March this year, ruling that the appointments of the Chief Election Commissioner and the three Election Commissioners will be done by the President on the advice of a committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha and the Chief Justice of India.

The landmark ruling was given by a five-judge constitution bench headed by Justice KM Joseph, in a unanimous verdict, held. It held that this norm would continue to hold good till a law on the issue is made by Parliament.

Before the SC ruling, CEC and Election Commissioners were appointed by the President on the recommendation of the government.

Incidentally, ahead of the 2024 Lok Sabha elections, a vacancy will arise in the poll panel when Election Commissioner Anup Chandra Pandey demits office on February 14 on attaining the age of 65.

Read Also: Opposition Hails SC Order on EC, Says Historic Ruling to Pave Way for Free & Fair Elections

The judgement had been hailed by Opposition parties, who said that only a “truly independent” Election Commission can ensure “free & fair” elections in the world’s largest democracy.

On Thursday morning, the Revised List of Business, which is circulated to all MPs and the media covering Rajya Sabha, listed Union Law Minister Arjun Ram Meghwal as scheduled to introduce a Bill “to regulate the appointment, conditions of service and term of office of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs), the procedure for transaction of business by the Election Commission and for matters connected therewith or incidental thereto”.

According to an Indian Express report, The Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023, as listed for introduction, says the “ECI would consist of a CEC and other ECs from among people who hold or have held the post equivalent to Secretary to the Government of India and “shall be persons of integrity, who have knowledge of and experience in management and conduct of elections”. 

Congress Calls for Opposing EC Bill

Reacting strongly, the Congress on Thursday appealed to all democratic forces to oppose a new Bill that seeks to regulate the appointment of the Chief Election Commissioner and other Election Commissioners, and asked if the Biju Janata Dal and YSRCP (who supported the Delhi Services Bill) will also join hands.

Congress MP and whip in Lok Sabha Manickam Tagore charged that Prime Minister Narendra Modi and Home Minister Amit Shah want to control the Election Commission by bringing the bill.

"Modi and Shah wants to control the ECI as they are doing now," Tagore alleged on X, formerly known as Twitter.

"All the Democratic forces must appose. Will BJD and YSRCP do," Tagore asked.

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 transaction of business by the Election Commission.

"Blatant attempt at making the Election Commission a total puppet in the hands of the PM.

What about the Supreme Court’s existing ruling which requires an impartial panel?

Why does the PM feel the need to appoint a biased Election Commissioner?

This is an unconstitutional,… pic.twitter.com/OtsNZ2Zkih

— INC TV (@INC_Television) August 10, 2023

This is a “blatant attempt at making the Election Commission a total puppet in the hands of the PM. What about the Supreme Court’s existing ruling which requires and impartial panel. Why does the PM feel the need to appoint a biased Election Commissioner? This is unconstitutional, arbitrary and unfair Bill – we sill oppose on every forum,” said Congress leader and MP K C Venugopal in a tweet, now known as X post.

This will formalise executive control over appointments to the election commission (2:1 majority in the selection committee) - further moving towards an executive Constitution. https://t.co/uSfK5ND1mZ

— Gautam Bhatia (@gautambhatia88) August 10, 2023

Well known constitution law scholar Gautam Bhatia tweeted: “This will formalise executive control over appointment to the election commission (2:1 majority in the selection committee) – further moving towards an executive Constitution.