Union Minister of Law and Justice Arjun Ram Meghwal on Thursday (August 10) introduced the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023 in the Rajya Sabha to regulate the appointment, conditions of service and term of office of the Chief Election Commissioner and other Election Commissioners and the procedure for transaction of business by the Election Commission.
The future chief election commissioners and election commissioners will be selected by a three-member panel headed by the prime minister, and also comprise the Leader of the Opposition in Lok Sabha and a Cabinet Minister, according to the Bill.
The Bill comes months after the Supreme Court ruled in March that the selection panel should comprise the prime minister, the leader of the Opposition in Lok Sabha and the Chief Justice of India, till a law is framed by Parliament on the appointment of the Chief Election Commissioner and election commissioners.
The Opposition leaders including the Congress and AAP slammed the government over the BIll and accused it of diluting the Constitution bench order.
There will be a vacancy in the Election Commission next year when Election Commissioner Anup Chandra Pandey demits office on February 14 on attaining the age of 65 years.
He will retire days before the probable announcement of the 2024 Lok Sabha polls.
The ECI had announced the general elections in March on the past two occasions.
SC verdict
The apex court in its March verdict had aimed at insulating the appointment of the Chief Election Commissioner and election commissioners from the Executive's interference.
It had ruled that their appointments will be done by the President on the advise of a committee comprising the prime minister, leader of opposition in the Lok Sabha and the Chief Justice of India.
A five-judge constitution bench headed by Justice KM Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament.
Before the Supreme Court ruling, the Chief Election Commissioner and election commissioners were appointed by the President on the recommendation of the government.
Delhi Chief Minister Arvind Kejriwal slammed the government and said that he has always maintained that the government will overturn any SC order which it does not like.
“The selection committee of election commissioners proposed by the Prime Minister will have two members from the BJP and one from the Congress. It is obvious that the election commissioners who will be elected will be loyal to the BJP,” Kejriwal tweeted.
Congress general secretary organisation K C Venugopal hit out at the government over the bill, calling it a "blatant attempt at making the Election Commission a total puppet in the hands of the prime minister (Narendra Modi)".
"What about the Supreme Court’s existing ruling which requires an impartial panel? Why does the prime minister feel the need to appoint a biased Election Commissioner? This is an unconstitutional, arbitrary and unfair Bill - we will oppose this on every forum," Venugopal tweeted.
(With PTI inputs)
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