Centre’s new Bill on Election Commission members’ appointments: How it plans to amend the process

Source: The post is based on the article “Centre’s new Bill on Election Commission members’ appointments: How it plans to amend the process”  published in Indian Express on 11th August 2023.

What is the News?

The Union Government has introduced the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 in Rajya Sabha.

The bill has been brought in after the judgment of the Constitution Bench of the Supreme Court on the appointment of Election Commissioners.

What is the Supreme Court verdict on the appointment of Election Commissioners?

The constitution bench of the Supreme Court had ruled that election commissioners should be appointed by the President based on advice from a committee comprising the prime minister, the leader of opposition in the Lok Sabha and the chief justice of India (CJI).

The court said that since there is no parliamentary law in place to lay down the selection procedure for election commissioners, its order was meant to fill this constitutional vacuum.

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What is the process mentioned in the bill for the appointment of Election Commissioners?

Currently, the Law Minister suggests a pool of suitable candidates to the Prime Minister for consideration. The President makes the appointment on the advice of the PM.

As per the Bill, a Search Committee headed by the Cabinet Secretary and comprising two other members not below the rank of Secretary to the government having knowledge and experience in matters relating to elections shall prepare a panel of five persons who can be considered for appointment.

Then the Selection Committee consisting of the Prime Minister, the Leader of Opposition (LoP) in the Lok Sabha, and a Union Cabinet Minister to be nominated by the Prime Minister will appoint the CEC and other ECs.

In case there is no LoP in the Lower House of Parliament, the leader of the single largest Opposition party would be considered the LoP.

What are the criticisms raised by opposition against this bill?

Firstly, this Bill will override the Supreme Court Constitution Bench’s judgment regarding the appointment of the CEC and other Election Commissioners.

Secondly, 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 ruling party – the Prime Minister and the Cabinet Minister.

Can the Parliament undo the decision of the Supreme Court?

Parliament has the power to nullify the effect of a Court ruling by addressing the concerns flagged in the judgment. The law cannot simply be contradictory to the ruling.

In this case, the arrangement prescribed by the Supreme Court was specifically because the Court noted that there was a “legislative vacuum”.Filling that vacuum is well within the purview of the Parliament.

However, the idea of an independent body that conducts elections permeates through the judgment. The Court repeatedly stated that to be the objective of the framers of the Constitution.