The Government on Thursday faced flak from the opposition parties for introducing a Bill in the Rajya Sabha that seeks to remove the Chief Justice of India (CJI) from the panel that selects the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
The Bill proposes to replace the CJI with a Cabinet Minister, making the panel a two-member body of the ruling party along with the Prime Minister as its head and the Leader of Opposition in the Lok Sabha as its member.
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 amid protests by the opposition over the political situation in Manipur.
The Bill aims to amend the Election Commission Act, 1991, which currently provides for a three-member panel consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha and the CJI for appointing the CEC and ECs.
The opposition parties slammed the move as an attempt to undermine the independence and impartiality of the Election Commission, which is a constitutional body entrusted with conducting free and fair elections in the country. They said that the Bill would give undue influence to the government over the selection of the ECs, who are supposed to act as watchdogs of democracy.
Member of Rajya Sabha from West Bengal, Sushmita Dev who also belongs to All India Trinamool Congress in her official twitter handle wrote, "PM will appoint an Union Cabinet Minister to replace CJI as a member of the selection committee to recommend a Chief Election Commissioner. LOP will be a member but is bound to be outnumbered. This is yet another way to control an institution which must be independent."
Congress leader Anand Sharma said that the Bill was a “brazen assault” on the Constitution and an “insult” to the judiciary. He said that the CJI was a part of the panel since 1991 and there was no reason to change it now. He also questioned why the Bill was not referred to a parliamentary committee for scrutiny.
Trinamool Congress leader Derek O’Brien said that the Bill was a “dangerous” move that would compromise the credibility of the EC. He said that the government was trying to “control” everything from CBI to RBI to ED to NIA and now EC. He said that the government should withdraw the Bill and respect the Constitution.
The CPI(M) leader Elamaram Kareem said that the Bill was an “attack” on democracy and federalism. He said that the government was trying to “manipulate” the elections by appointing its own people in the EC. He said that the government should respect the role of CJI as a neutral arbiter in selecting ECs.
The government, however, defended the Bill saying that it was aimed at bringing more transparency and accountability in the appointment process of ECs. The Law Minister Arjun Ram Meghwal said that the Bill was based on recommendations made by various committees and experts in the past. He said that the Bill would ensure that only persons of high integrity and eminence are appointed as ECs.
He also said that there was no need to refer the Bill to a parliamentary committee as it was a simple amendment and not a new legislation. He said that there was no question of compromising or interfering with the autonomy or functioning of EC.
