The Lok Sabha passed the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, on Thursday, December 21. This bill aims to regulate the appointment and service terms of the Chief Election Commissioner (CEC) and Election Commissioners. However, it has caused uproar among the Opposition members as it dropped the Chief Justice of India from the selection panel, which also includes the prime minister and the Leader of Opposition. This move has drawn attention to a Supreme Court ruling in March 2023.
Previously, the Supreme Court order stated that the appointment of the CEC and ECs should be made by the President based on the advice of a committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha or the leader of the largest Opposition party in the House, and the Chief Justice of India (CJI). However, the new Bill proposes that the CJI be dropped from the selection committee. Instead, it suggests that the “Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a Selection Committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the House of the People as a Member, and a Union Cabinet Minister nominated by the Prime Minister as a Member.”
The Opposition has accused the Centre of defying the Supreme Court order by excluding the CJI from the selection panel. However, the Central government has defended the Bill, stating that it is in line with the Supreme Court ruling and not against it. Opposition members have expressed concerns about the provisions of the Bill, considering it a significant blow to democracy by the Modi government. They argue that the credibility of elections is compromised under the current government.
The Supreme Court’s March 2023 order unanimously stated that the Prime Minister, Leader of Opposition in the Lok Sabha, and the Chief Justice of India must select the CEC and ECs. The verdict mentioned that this process would continue until Parliament passes a law on the matter. The Union Law Minister, Arjun Ram Meghwal, stated that the purpose of the Bill is to fulfill this requirement. Notably, the search committee will be headed by the Law Minister instead of the cabinet secretary, according to an amendment in the Bill.
The Bill has now been passed in both Houses of Parliament.,
The Chief Justice of India (CJI) has been dropped from the selection panel for appointing the Chief Election Commissioner (CEC), according to a proposed amendment to the law. The Centre has defended this move, stating that the amendment aims to maintain a balance of power and avoid any conflict of interest. The decision has sparked a debate among legal experts and politicians, with some arguing that the CJI’s exclusion may undermine the independence of the election commission.
