CJI excluded from bill brought by government on key Election Commission appointments

 As per a bill listed for introduction in the Rajya Sabha on Thursday, a three-member committee headed by the prime minister with the leader of the opposition in the Lok Sabha and a Cabinet minister being the other members of the committee will select future chief election commissioners (CRCs) and election commissioners (ECs).

This is in contrast to a Supreme Court constitution bench verdict this year, aimed at insulating the appointments from the executive’s interference, ruling that the chief election commissioner and election commissioners should be chosen by a panel comprising the prime minister, the leader of opposition in Lok Sabha and the Chief Justice of India (CJI).

As per 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 with the prime minister being the chairperson and a cabinet minister nominated by the prime minister and the leader of opposition (LoP) in the Lok Sabha being the other members of the committee. In case there is no leader of opposition in the Lok Sabha, the leader of the single largest party in opposition in the lower house of the Parliament will be deemed to be the LoP.

A five-judge bench, in a unanimous verdict in March, headed by Justice KM Joseph had held that the appointments of the chief election commissioner and election commissioners will be done on the advise of a committee comprising the prime minister, leader of opposition in the Lok Sabha and the Chief Justice of India.

The Supreme Court had further said that this provision will continue to hold good till a law on the issue is made by Parliament.

Opposition parties, including the Congress and the Aam Aadmi Party (AAP) have attacked the central government on the proposed bill and have accused the government of diluting the top court order.

Delhi Chief Minister Arvind Kejriwal, wrote on platform X (formerly Twitter) that he has always maintained that the central government will overturn Supreme Court judgments it does not like and it is a dangerous situation and it can impact fairness of elections.

Congress leader KC Venugopal alleged that the Bill was 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 an impartial panel? Why does the PM feel the need to appoint a biased Election Commissioner? This is an unconstitutional, arbitrary and unfair Bill – we will oppose this on every forum,” Congress general secretary organisation KC Venugopalon wrote on platform X.