Bill to regulate appointments, service terms of CEC & ECs passed by RS amid Oppn walkout

New Delhi: The Rajya Sabha on Tuesday passed a bill to appoint the Chief Election Commissioner and other ECs on the recommendation of a Select Committee amidst an Opposition walkout on the bill that seeks to replace the Chief Justice of India (CJI) from the Selection Committee with a Cabinet Minister, providing the government with a numerical majority to pick up a candidate of its choice.

On the positive side, the government restored the status of the CEC and ECs to the level of a Supreme Court judge in the wake of widespread criticisms it received on the first version of the bill introduced in the Upper House in August.

However, its decision to keep the CJI out of the selection process triggered a volley of criticism from the opposition members, who argued that such a move would take away the independence and neutrality of the CEC.

“The bill tarnishes and bulldozes the spirit of democracy. The government doesn’t want an independent CEC, it wants a pocket borough. Why to have the law? Let the PM appoint everybody,” said Congress leader Randeep Singh Surjewala. “This legislation is a mockery of democracy,” added AAP’s Raghav Chadha.

In his response, Union law Minister Arjun Meghwal said the government was within its constitutional rights and the bill was brought in to correct a flaw in the 1991 act that determined the service conditions of the CEC and other Election Commissioners.

“Those who have not carried out any introspection, are now making allegations,” he said, citing the names of former CECs Navin Chawla and MS Gill, who reportedly had close links with the Congress party.

Meghwal rebutted the Opposition allegations of bringing the bill to circumvent the Supreme Court judgement related to the appointments of the CEC and the ECs. Rather, he said, it was in accordance with the direction of the apex court judgement and also to ensure the separation of power as enshrined in the Constitution.

The minister, however, didn’t say anything on why the CJI was kept out of the Selection Committee.

Following a March judgement of the Supreme Court, which asked the government to frame a law on the appointment of the CEC and ECs, the Centre introduced the bill in August, but the first version drew flak because of keeping the CJI out of the selection process and lowering the status of the Election Commissioners.

The government brought in official amendments to keep the top three poll officers at par with the SC judges and introduced provisions to protect them.

Nevertheless its decision to keep the CJI out of the CEC selection process received flak with several MPs noting that such a move would undermine the spirit of democracy. “The intent is malicious and the result will be disastrous,” said Surjewala.

DMK leader Tiruchi Shiva said, “The Select Committee is a farce, Why is the CJI not a part of it? It is an undemocratic bill that undermines democracy.”