Centre lists Bill to replace CJI with Union Minister in panel for appointing CEC, ECs

A five-judge constitution bench headed by Justice K M Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament.

The Modi government on Thursday introduced a contentious Bill in Rajya Sabha seeking to replace the Chief Justice of India with a Cabinet minister in the committee to select the Chief Election Commissioner and Election Commissioners, a move that is feared to allow the ruling dispensation to push its choices without any trouble.

While the government is riding on a mention in a Supreme Court verdict that the court-mandated system could be replaced through a law, the Opposition expressed fear that the move would impact the "fairness" of the election as it gives the government more powers to control the appointment to the poll panel.

They said it could turn the Election Commission into a "total puppet" in the hands of the government, which seeks to “reconstitute ‘Election Commission of India’ as ‘Modi Election Commission’.”

The proposed legislation was introduced by Law Minister Arjun Ram Meghwal amid protest by the Opposition MPs, who rushed into the Well of the House alleging that it gave the government powers to influence the appointments and the EC. Some MPs like John Brittas had submitted notices objecting to the introduction of the Bill.

At present, the select committee consists of the Prime Minister, the Chief Justice of India and the Leader of the Opposition in Lok Sabha or the leader of the single largest party in the Opposition.

With the CJI being replaced by a Cabinet Minister, the Opposition alleged, the government can have a constructed majority, leaving the third member -- Leader of Opposition -- redundant.

The Bill comes after the Supreme Court in March ruled that a three-member selection committee should choose the CEC and Election Commissioners instead of the President appointing them on the advice of the government. The apex court's intention was to insulate the appointment of Election Commissioner from the government's interference.

The Supreme Court had said that "the present system would continue to hold good" till a law is made by the Parliament, the Statement of Objects and Reasons of The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 said.

The Bill comes months ahead of a vacancy arising in the Election Commission before the Lok Sabha elections in April-May next year. Election Commissioner Anup Chandra Pandey will retire on February 14 on attaining the age of 65 years.

Opposition parties came out in protest against the Bill, calling it a "blatant attempt" to make the EC a "puppet" in the hands of the government.

Congress General Secretary (Organisation) KC Venugopal asked, "What about the Supreme Court’s existing ruling which requires an impartial panel? Why does the prime minister feel the need to appoint a biassed Election Commissioner? This is an unconstitutional, arbitrary and unfair Bill - we will oppose this on every forum."

"It is a blatant attempt at making the Election Commission a total puppet in the hands of the Prime Minister (Narendra Modi)," he added.

Delhi Chief Minister Arvind Kejriwal said he has always maintained that the Modi government would overturn any Supreme Court verdict which it does not like and this is a "dangerous situation that can impact fairness of elections". He said the Bill would ensure that whoever is selected to the poll panel remains loyal to the ruling party.

Congress Whip Manickam Tagore alleged, "Modi and Shah want to control the EC as they are doing now."

Trinamool Congress called the bill "a ploy to rig" the 2024 Lok Sabha polls. Party spokesperson and Rajya Sabha MP Saket Gokhale said, "shocking. BJP is rigging the 2024 election openly. The Modi government has again brazenly trampled upon an SC judgement and is making the Election Commission its own bunch of stooges...Basically now, Modi and one minister will appoint the entire Election Commission. This is a clear step towards rigging the 2024 elections after fear has been struck into BJP's heart by the united I.N.D.I.A alliance,” he said.

Senior Rajya Sabha MP Randeep Surjewala said, "a ‘Black Day’ for Indian Democracy today in Rajya Sabha as the Modi government seeks to reconstitute ‘Election Commission of India’ as ‘Modi Election Commission’! As we objected to the brazen assault on India’s Democracy and bulldozing of the Constitutional independence of ECI, the Bill was deliberately introduced in the din, bypassing all sense of Parliamentary procedures and Constitutional propriety."