CJI removed from CEC selection panel; Center defends the bill, says Supreme Court decision followed

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, which aims to regulate the appointment and conditions of service of the Chief Election Commissioner (CEC) and election commissioners, was passed in the Lok Sabha. On Thursday, December 21. The bill removed the Chief Justice of India from the selection panel, which also includes the Prime Minister and the Leader of the Opposition, triggering an uproar among opposition members and drawing attention to the March 2023 Supreme Court decision.

The Supreme Court order had said that the CEC and EC would be appointed by the President on the basis of advice given by a committee consisting of the Prime Minister, the leader of the opposition in the Lok Sabha or the leader of the largest opposition party. House, and the Chief Justice of India.

Removing the CJI from the selection committee, the new Bill proposes that “The Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a selection committee consisting of (a) the Prime Minister in the Chairmanship; (b) the Leader of the Opposition in the House of the People.” -Member; (c) a Union Cabinet Minister-Member nominated by the Prime Minister.”

What does the government say?

However, the bill did not pass without some resistance. The opposition alleges that the Center has disregarded the Supreme Court order by removing the CJI from the selection panel. However, the central government has defended the bill, saying it is in line with the Supreme Court decision and not against it.

Opposition members had earlier expressed their concern over the provisions of the bill, saying it was “one of the biggest attacks on democracy” by the Modi government in the last nine years. Congress leaders said there was a time when the Election Commission meant electoral credibility but today it means ‘compromising elections’.

What did the Supreme Court say in its order?

In March 2023, the Supreme Court unanimously ruled that the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India must choose the Chief Election Commissioner (CEC) and the Election Commissioners (EC).

“The Chief Election Commissioner and the Election Commissioners shall be appointed by the President on the advice of a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and, if no Leader of the Opposition is available, by the President in the Lok Sabha in case of numerical strength. Leader of the largest opposition party and Chief Justice of India,” the Supreme Court judgment said.

The decision said that the procedure would be followed until Parliament passes a law on the matter. “We make it clear that this will be subject to any law that may be made by Parliament,” it said.

Referring to the decision, Union Law Minister Arjun Ram Meghwal said, “We are bringing a law for this purpose.” Union Law Minister Arjun Ram Meghwal said that one amendment in the bill is that the search committee will be headed by the Law Minister instead of the Law Minister. Cabinet Secretary.

This bill has been passed in both the houses of the Parliament.