PM Modi-led govt brings a bill excluding Chief Justice from panel selecting poll officers

The Prime Minister Narendra Modi-led government has proposed a bill in the parliament that seeks to remove the Chief Justice of India from the selection committee that appoints the country's top election officers.

Under the new bill, the Chief Election Commissioners and Election Commissioners shall be selected by a panel consisting of the prime minister, the Leader of the Opposition, and a Union Minister nominated by the prime minister.

The legislationtitled ‘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 (upper house) amid din over protests in Manipur.

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It will be tabled on Friday (Aug 11) for discussion.

If passed in both Rajya Sabha and the Lok Sabha, the central government can pick and choose any official as per its wishes and scuttle the judiciary’s chances of having a say in the appointment process.

Oppn condemns proposed bill

The opposition pointed out that this will affect the neutrality of the Election Commission (EC) as the selection panel would effectively have two members of the Bhartiya Janata Party —the prime minister and the cabinet minister.

The Congress criticised the bill, terming it as "another attempt to control important institutions".

"The PM will appoint a Union Cabinet Minister to replace the CJI as a member of the selection committee to recommend a Chief Election Commissioner. The Opposition leader will be a member but is bound to be outnumbered. This is yet another way to control an institution that must be independent," Congress MP Sushmita Dev said.

Delhi Chief Minister Arvind Kejriwal also raised the same concern, saying that it will influence the fairness of elections.

"I had already said that the prime minister does not obey the Supreme Court of the country. His message is clear - he will bring a law through the Parliament to overturn whichever Supreme Court order he does not like. It is a very dangerous situation if the prime minister does not follow the Supreme Court," Kejriwal said on X.

Dilutes SC ruling

The move comes at a time when the present Election Commissioner Anup Chandra Pandey is all set to vacate the office next year, possibly days before the announcement of dates for the 2024 general election.

Also, the legislation might trigger a fresh face-off between the Supreme Court and the government, as it falls in contravention to the top court's ruling in March that the selection panel should comprise the prime minister, the Leader of the Opposition (LoP) in Lok Sabha and the CJI.

The court had said the order would hold good until a law was made by the parliament.

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