The Centre has moved to bring in a law to regulate the procedure for appointment of the Chief Election Commissioner and Election Commissioners. A Bill to this effect was introduced in the Rajya Sabha on Thursday, the development coming on the penultimate day of the Monsoon Session of Parliament.
The Bill “to regulate the appointment, conditions of service and terms of office of the CEC and ECs, the procedure for transaction of business by the Election Commission and for matters connected therewith or incidental thereto”, if passed by Parliament, will remove the legal lacuna with regard to the norms and procedure for appointment of CEC and ECs.
The proposed legislation is also being seen in the context of the Supreme Court's order passed in March on the issue of appointment of the CEC and ECs. The top court had ruled that the top poll officials shall be selected by a panel consisting of the Prime Minister, Leader of Opposition and the Chief Justice of India till Parliament frames a law prescribing the selection process.
What stands out about the Bill is the proposed composition of the selection committee. It will comprise the Prime Minister, the Leader of Opposition and a Union Cabinet Minister to be nominated by the PM as member. This marks a departure from the Supreme Court's formulation of the selection panel, which had the CJI as its third member. The Supreme Court had made it clear in its order that the selection panel devised by it will be subject to any law to be made by Parliament.
The Bill lays down the criteria for selection of the CEC and the ECs, stating that they shall be appointed from amongst persons who are holding or have held a post equivalent to the rank of Secretary to the Government of India and shall be persons of integrity, who have knowledge of and experience in management and conduct of elections.
As per the Bill, a search committee headed by the Cabinet Secretary and comprising of two other members not below the rank of Secretary to the Government of India, having knowledge and experience in matters relating to elections, shall prepare a panel of five persons for consideration of the Selection Committee.
It is also explained in the Bill that where the Leader of Opposition in the Lok Sabha has not been recognised as such, the leader of the single largest party in opposition of the Government in the House shall be deemed to be the Leader of Opposition.
It also states that the appointment of the CEC and other ECs shall not be invalid merely by reason of any vacancy in or any defect in the constitution of the Selection Committee.
There is already much consternation over the ruling dispensation having a majority in the proposed selection panel, and it is stated by critics that this goes against the spirit of the Supreme Court's order.
The court had said in its order: “A person, who is in a state of obligation or feels indebted to the one who appointed him, fails the nation and can have no place in the conduct of elections, forming the very foundation of the democracy.”
Congress leader K.C. Venugopal described the proposed law as a “blatant attempt at making the Election Commission a total puppet in the hands of the PM.” In a post on X, Venugopal asked what about the Supreme Court's existing ruling which requires an impartial panel.
“This is an unconstitutional, arbitrary and unfair Bill – we will oppose this on every forum,” he said.
Delhi Chief Minister Arvind Kejriwal posted on X, saying the selection committee will have two members of the BJP and one belonging to the Congress, which makes it evident that the election commissioners who will get selected will be loyal to the BJP.
