With the BJP-led NDA government and Judiciary often at loggerheads over key legislative matters, the Union government has now moved a bill that will remove the Chief Justice of India (CJI) from a three-member committee involved in the process of appointing Chief Election Commissioner (CEC) and other Election Commissioners (EC).
The Chief Election Commissioner and other Election Commissioners Bill, 2023, has been listed for introduction in the Rajya Sabha to regulate the appointment, conditions of service and term of office of the CEC and ECs. It will also set up a procedure for the transaction of business by the Election Commission.
The bill aims to replace the CJI with a Cabinet Minister nominated by the PM, thereby undercutting the SC's landmark verdict on the appointment process of polling officials.
In March, India's top court had delivered a judgement aimed at insulating the appointment of CEC and ECs from the Executive's interference.
The Apex Court had ruled that a three-member panel chaired by the Prime Minister, the Leader of the Opposition in Parliament and the CJI will advise the President over appointments of polling officials.
A five-judge constitution bench headed by Justice KM Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament.
According to the bill, the appointment of the Chief Election Commissioner and other Election Commissioners "shall not be invalid" merely by reason of any vacancy in or any defect in the constitution of the selection committee.
In case there is no LoP in the Lower House of Parliament, the leader of the single largest party in opposition in the Lok Sabha will be deemed to be the LoP.
The Chief Election Commissioner and other Election Commissioners will be appointed from amongst persons who are holding or have held a post equivalent to the rank of secretary and shall be persons of integrity, who have knowledge of and experience in the management and conduct of elections.
However, the new bill will now neutralize the judiciary's involvement in the selection process and is likely to initiate a new confrontation between the two branches of government.
This is one of many such disputes involving the Executive and Judiciary in recent years with both bodies differing in their views starting from the Collegium system to the basic structure doctrine.
Recently, the Centre passed the contentious Delhi Services bill on July 7 circumventing SC's judgement to strip the control of civil services in the national capital from the elected government of Delhi. The apex court on May 11, had delivered a verdict that gave the Delhi government control of services in the national capital, excluding the matters relating to public order, police and land.
It is to be noted that Election Commissioner Anup Chandra Pandey will leave office on February 14, thereby leaving a vacancy in the poll panel. Pandey's retirement will come right around the time when the schedule for the 2024 Lok Sabha Elections will be announced by the Election Commission of India.
Opposition, critics call out government
Meanwhile, leaders from the Opposition have called out the Modi government and accused them of trying to turn the election commission into a "partisan" body.
Delhi Chief Minister Arvind Kejriwal said he has always maintained that the government will overturn any Supreme Court order that it doesn't like and this is a dangerous situation that can impact fairness of elections.
The proposed panel will have two BJP members and one from the Congress, and therefore, whoever is selected to the poll panel will be loyal to the ruling party, Kejriwal, who is the Aam Aadmi Party's national convener, alleged on X, formerly known as Twitter.
Congress MP and the party's whip in Lok Sabha, Manickam Tagore, alleged that Prime Minister Narendra Modi and Home Minister Amit Shah want to control the EC by bringing the bill. "Modi and Shah want to control the EC as they are doing now," Tagore wrote on X.
Congress spokesperson Supriya Shrinate called the Bill a "gimmick" to make the Election Commission a "complete puppet" in the hands of PM Modi. "Why does PM Modi need an election commissioner of his choice? If this arbitrariness is not unconstitutional and unfair then what is?" Shrinate wrote on X.
TMC's Rajya Sabha MP Saket Ghokale said the Modi government "is making the Election Commission its own bunch of stooges" and called the bill a "clear step towards rigging the 2024 elections."
Constitutional expert Gautam Bhatia wrote on X: "The bill will formalise executive control over appointments to the election commission (2:1 majority in the selection committee) - further moving towards an executive Constitution."
(With additional inputs from PTI)