New Delhi: The Government of India on Thursday proposed a bill in Rajya Sabha to allow Modi-led panel and not Chief Justice of India to choose poll officers.
The future chief election commissioners and election commissioners will be chosen by a three-member panel comprised of the leader of the opposition in the Lok Sabha and a Cabinet minister, and chaired by Narendra Modi.
This was stated on Thursday as a bill was scheduled for submission.
In contrast, a Supreme Court ruling from March stated that the panel should be made up of the Indian Chief Justice, the Prime Minister, and the Leader of the Opposition in the Lok Sabha.
Opposition leaders, including from Congress, immediately seised the opportunity and accused the government of India of diluting a Constitution bench order, PTI reported.
A vacancy will arise in the Election Commission (EC) early next year when Election oCommissioner 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 polls in March.
The apex court in its March verdict had aimed at insulating the appointment of the Chief Election Commissioner and election commissioners from the Executive’s interference.
It had ruled that their appointments will be done by the President on the advise of a committee comprising the prime minister, leader of opposition in the Lok Sabha and the Chief Justice of India.
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.
Before the Supreme Court ruling, the Chief Election Commissioner and election commissioners were appointed by the President on the recommendation of the government.
Delhi Chief Minister Arvind Kejriwal said he has always maintained that the government will overturn any Supreme Court order which 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.
According to 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 consisting of the prime minister, who will be the chairperson; the leader of opposition (LoP) in the Lok Sabha and a Union Cabinet minister to be nominated by the prime minister.
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 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 management and conduct of elections.
A ‘search committee’ headed by the cabinet secretary and comprising two other members not below the rank of secretary, having knowledge and experience in matters relating to elections, shall prepare a panel of five persons for consideration of the selection committee, for appointment as the Chief Election Commissioner and other election commissioners.
