The chief election commissioner and election commissioners will be chosen by a three-member panel made up of the prime minister, the Lok Sabha opposition leader, and a cabinet minister, according to a new bill introduced today. now at Rajya Sabha.
In March, the Supreme Court, in an attempt to ensure the independence of the electoral commission, decided that appointments to the electoral body would be made on the advice of a committee that included the Prime Minister. , the head of the Lok Sabha opposition. and Chief Justice of India. The process, a constitutional committee of five judges led by Justice KM Joseph in a unanimous ruling, has said it will stay in place until parliament drafts legislation on the selection process.
Chief Electoral Commissioner and other Election Commissioners (Conditions of Service and Term) Bill 2023 have been listed for introduction in the Rajya Sabha.
Union Law Minister Arjun Ram Meghwal will introduce the Bill to “stipulate the appointment, terms of service and tenure of the Chief Electoral Commissioner and other Election Commissioners, and the procedure for the commission's business dealings election committee and related or incidentally related matters. ". Meanwhile, Congress criticized the bill, calling it "another attempt to control important institutions."
"The Prime Minister will appoint a Coalition Cabinet Minister to replace CJI as a member of the selection committee to nominate the Chief Election Commissioner. The Leader of the Opposition will be a member but must be a majority. This is another way of controlling an organization that has to be independent,” said Representative Sushmita Dev.
A Supreme Court constitutional committee of five judges in March this year said the appointment of election commissioners should be made on the advice of the Prime Minister, Leader of the Opposition and Chief Justice of India. . Reading the implementation of the March ruling, Judge Joseph said: “An election commission that fails to uphold the rule of law is undemocratic. Within its vast jurisdiction, whether executed illegally or unconstitutionally, it has an effect on the outcome. political parties. The electoral commission must be independent; it cannot declare itself independent and then behave unjustly. A person in a state of obligation to the state cannot have independent thought. An independent person will not depend on those in power. »
The Supreme Court said the current practice of appointing election commissioners would apply until a law on the matter is enacted by Parliament.