New bill drops Chief Justice from selection panel to appoint Election Commissioners

New Delhi: The Centre on Thursday tabled a contentious bill in Rajya Sabha that seeks to replace the Chief Justice of India with a cabinet minister in the panel for selection of the chief election commissioner and election commissioners. The bill allows the government to have more control over the appointments of members of the poll panel.  

The proposal goes against the Supreme Court order in March which ruled that a three-member panel, headed by the Prime Minister and comprising the leader of the opposition in Lok Sabha and the Chief Justice of India, will select the CEC and ECs till a law is framed by Parliament on the appointment of these commissioners.

According to the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023, a three-member selection committee comprising the Prime Minister, the opposition leader and a Union Cabinet minister nominated by the PM shall select the CEC and ECs.

The Bill was introduced amid an uproar by the opposition parties, including the Congress and AAP that accused the government of "diluting and overturning" a Constitution bench order. 

A vacancy will arise in the Election Commission (EC) early next year when Election Commissioner Anup Chandra Pandey demits office on February 14 on attaining the age of 65 years.

His retirement will come just days before the likely announcement of the 2024 Lok Sabha polls' schedule by the EC. On the past two occasions, the commission had announced parliamentary elections in March.

Reacting to the government's move, senior advocate Prashant Bhushan said that even if the bill is passed in Parliament, it would be "unconstitutional" in his view and it was likely to be struck down by the Supreme Court.

Congress general secretary organisation K C Venugopal hit out at the government over the bill, calling it a "blatant attempt at making the Election Commission a total puppet in the hands of the prime minister (Narendra Modi)".

"What about the Supreme Court's existing ruling which requires an impartial panel? Why does the Prime Minister feel the need to appoint a biased Election Commissioner? This is an unconstitutional, arbitrary and unfair Bill - we will oppose this on every forum," Venugopal said in a post on X (formerly Twitter).

(With PTI inputs)