Union Law Minister Arjun Ram Meghwal clarified that the Bill concerning the appointment of Election Commissioners has been introduced in accordance with the Supreme Court's ruling. He emphasized that it was the Supreme Court itself that had instructed the need for legislation on this matter.
The Centre has sought to clear the air over the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, which has been opposed by the Opposition on the grounds that it was a blatant attempt to make the Election Commission a puppet in the hands of the Prime Minister.
Union Law Minister Arjun Ram Meghwal on Friday clarified that the Bill related to the appointment of Election Commissioners has been brought as per Supreme Court's verdict. "It was the Apex Court which had directed to bring law regarding this," he said.
The Supreme Court verdict of March 2023
This apex court judgment that the minister was referring to was passed in March 2023. On March 2, the Supreme Court ruled that the President's appointment of Chief Election Commissioner (CEC) and Elections Commissioners (ECs)must be carried out based on the advice of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India (CJI).
This judgment, led by Justice KM Joseph, stemmed from a Public Interest Litigation (PIL) filed in 2015. The PIL challenged the constitutional validity of the practice of the Centre-appointed members of the EC.
The verdict was delivered by a five-judge constitution bench under the leadership of Justice KM Joseph. The bench underscored that this procedure would remain effective until a relevant law is established by Parliament.
What the Centre's new Bill says
There has been opposition to the proposed bill, primarily due to the omission of the Chief Justice of India (CJI) from the committee responsible for advising on the CEC and ECs appointments.
According to the bill's provisions, the CEC and ECs should be chosen from individuals who are currently or have previously held positions equivalent to that of Secretary to the Government of India. They must possess integrity, as well as expertise and experience in election management and conduct.
The bill outlines the establishment of a 'Search Committee,' headed by the Cabinet Secretary. This committee will consist of two members, not below the rank of Secretary, with expertise in election matters. The Search Committee's task is to prepare a roster of five candidates for consideration by the 'Selection Committee,' which comprises the Prime Minister as the chairman, the Leader of the Opposition as a member, and a Union Cabinet Minister, nominated by the Prime Minister, as the second member.
