NEW DELHI: The Centre on Thursday tabled a controversial bill in Rajya Sabha that seeks to replace the Chief Justice of India (CJI) with a Union cabinet minister in the three-member panel that picks the Chief Election Commissioner (CEC) and other Election Commissioners.
Currently, the panel comprises the prime minister, the leader of the Opposition in the Lok Sabha and the CJI. Under the Chief Election Commissioner and Other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023, a Union cabinet minister nominated by the prime minister will join the panel in place of the CJI, giving the government more power over the appointment of top election officials.
The bill comes months after the Supreme Court in March ruled that the selection panel should comprise the prime minister, the leader of the opposition and the Chief Justice of India, till a law is framed by Parliament for the appointment of top Election Commission officials.
Current Chief Election Commissioner Anup Chandra Pandey is to demit office in February 2024, months ahead of the Lok Sabha polls. The Bill was moved in the Upper House by Union law minister Arjun Ram Meghwal amid an Opposition uproar.
Criticising the bill, Aam Admi Party leader and Delhi Chief Minister Arvind Kejriwal said since the proposed panel will have two BJP members and one from the Congress, whichever EC is selected will be loyal to the ruling party.
Congress general secretary (organisation) KC Venugopal called it a “blatant attempt at making the Election Commission a total puppet in the hands of the prime minister”. Noted lawyer Prashant Bhushan said that even if the bill is passed by Parliament, it would be “unconstitutional”. “It is likely to be struck down by the Supreme Court,” he said.