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Bill moved to remove CJI from panel to select Election Commissioners

In a controversial move, the Union government on August 10 introduced a Bill removing the Chief Justice of India (CJI) from the 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 a Cabinet Minister.

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.

The Opposition seized the opportunity and accused the government of diluting a Constitution Bench order. Congress’ K.C. Venugopal called the Bill “a blatant attempt at making the Election Commission a total puppet in the hands of the prime minister“. Several other leaders of the Congress party and the Opposition also criticised the Bill.