Explained: The Bill that keeps Chief Justice of India out of selection process of Chief Election Commissioner
The Narendra Modi Government is introducing a Bill to redefine the selection process for Election Commissioners in India. The Bill suggests substituting the Chief Justice of India with a Union minister chosen by the Prime Minister in the selection committee, which could alter the balance of power in these appointments.
FollowThe Narendra Modi government is introducing a Parliamentary Bill that outlines the process for selecting the Chief Election Commissioner and other Election Commissioners. Notably, the Bill suggests replacing the Chief Justice of India (CJI) with a Union minister nominated by the Prime Minister in the selection committee. This alteration would effectively grant executive control over election commissioner appointments.
Titled 'Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023', the proposed legislation mandates that the President appoint the Chief Election Commissioner and other Election Commissioners based on the recommendation of a Selection Committee.Â
This committee includes:Â
a) Prime Minister as the Chairperson
b) Leader of the Opposition in the Lok Sabha
c) Union Cabinet Minister chosen by the Prime Minister.
The Bill also establishes a search committee to identify potential election commissioners, led by the cabinet secretary. This committee will consist of two members, not below the rank of secretary to the Government of India. Their responsibility is to create a list of five individuals for the Selection Committee's consideration.
In March of this year, a Constitution bench of the Supreme Court decreed that Election Commissioners should be chosen by a committee composed of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India until Parliament formulates a law specifying the selection procedure. This directive, led by Justice KM Joseph, aimed to safeguard the autonomy of Election Commissioners from undue influence.
Justice Joseph underscored the importance of an independent Election Commission for upholding democracy. He stressed that the Commission's impartiality is crucial, as its actions can affect political party outcomes. The absence of a defined parliamentary law, as per Article 324(2) of the Constitution, necessitated the Supreme Court's intervention in defining the selection process. The goal is to ensure that those appointed are independent and not subservient to those in power.
