Bill moved to remove CJI from panel to select Election Commissioners

In a controversial move, the Union government on Thursday introduced a Bill removing the Chief Justice of India (CJI) from a panel to select the Chief Election Commissioner and Election Commissioners.

In a controversial move, the Union government on Thursday introduced a Bill removing the Chief Justice of India (CJI) from a panel to select the Chief Election Commissioner and Election Commissioners. Instead of the CJI, the three-member panel would now consist of a Cabinet Minister besides the Leader of Opposition in the Lok Sabha and the Prime Minister who would head it.

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was introduced by Law Minister Arjun Ram Meghwal in the Rajya Sabha amid din over protests on Manipur.

The Opposition was quick to point out that this will put a question mark on the neutrality of the Election Commission (EC) as the selection panel would effectively have two members of the BJP – the Prime Minister and the Cabinet Minister.

The EC would see a vacancy in February next year when Election Commissioner Anup Chandra Pandey demits office, possibly days before the announcement of dates for 2024 general election.

Earlier this year in March, the Supreme Court had ruled that the selection panel should comprise the Prime Minister, the Leader of Opposition (LoP) in Lok Sabha and the CJI. The court had said the order would hold good until a law was made by Parliament.

Till the SC ruling, Election Commissioners and Chief Election Commissioners (CECs) had been appointed by the President after recommendations by the government.

According to the Statement and Objectives of the Bill, in case there is no LoP in the Lower House of Parliament, the leader of the single largest Opposition party would be considered the LoP.