Modi Govt. Seeks to Replace CJI with Minister on EC Selection Panel, Overturning Court Decision

New Delhi: On March 20, 2023, the Supreme Court issued a ruling regarding the selection of the chief election commissioner (CEC) and other election commissioners (ECs) in the Election Commission. On Thursday, the government presented a bill in the Rajya Sabha to overturn that decision. '

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The Chief Justice of India (CJI) and the leader of the Opposition in the Lok Sabha should also be included on the panel, according to the Supreme Court, which recommended that the President make the choice.

To give the central government more influence, the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, aims to replace the CJI in the panel with a Cabinet minister who will be chosen by the PM.

The bill was introduced on Thursday by Union Law Minister Arjun Singh Meghwal amidst raucous objections from the opposition benches. The commotion caused the Upper House to adjourn shortly after.

The measure, according to a tweet from Congress general secretary K.C. Venugopal, is "a blatant attempt to make the Election Commission a total puppet in the hands of the PM."

"What about the current Supreme Court decision that mandates an unbiased panel? Why did the prime minister feel the need to select a skewed election commissioner? We will resist this bill in every venue because it is unjust, arbitrary, and in violation of the constitution, he declared.

According to the bill, the leader of the largest party in the opposition in the Lower House shall be regarded to be the leader of the opposition (LoP) if the LoP in the Lok Sabha has not been recognized as such.

Currently, the President appoints the CEC and election commissioners with the assistance and counsel of the Council of Ministers. The judiciary has no influence over the selections.

A five-judge Constitution Bench led by Justice K.M. Joseph stated in March that the founding fathers clearly contemplated a law by Parliament in this respect and did not intend the executive to exclusively call the shots in the matter of appointments to the Election Commission. The writ petition from 2015 sought an independent mechanism to appoint the CEC and election commissioners.

There have been seven decades. Different political regimes that have held the reins of power have not unnaturally enacted laws. According to the SC, a law could not be passed to continue allowing executive branch officials to nominate people at their sole and absolute discretion.

According to the decision, the appointment procedure specified by the Supreme Court will be in effect until Parliament passes a statute.

However, because no opportunity has since presented itself, the SC's decision could not be put into effect.

Anup Chandra Pandey, one of the current election commissioners, is scheduled to retire in February 2023, just before the following Lok Sabha elections.

Procedure for hiring, compensation, and resignation:

In addition to a search committee shortlisting candidates for the selection committee to consider, the statement of aims and reasons for the law states that it also addresses the appointment and credentials of the applicants.

The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, which lacks provisions addressing the qualifications of candidates or the search committee, is intended to be replaced.

According to the bill, the CEC and election commissioners must be trustworthy individuals with knowledge and experience in managing and conducting elections.

A search committee led by the cabinet secretary and made up of two additional individuals not below the level of secretary to the Government of India will be the first step in the process to appoint the CEC and election commissioners.

The committee will compile a list of five candidates, who will then be put forward for consideration by the committee led by the PM.

The compensation of the CEC and election commissioners must be equal to that of the cabinet secretary, according to the bill.

The measure states that the CEC and election commissioners may retire at any moment "by writing under his hand addressed to the President".

It continues: "Except in accordance with the provisions contained in clause (5) of Article 324 of the Constitution, the CEC and election commissioners shall not be removed."

It states that the CEC and election commissioners' terms will not alter and that they will continue to serve for six years from the date they took office or until they reach 65, whichever comes first.

The CEC and election commissioners are not eligible for reappointment, according to the bill.

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