Thursday 10 August 2023

Bill to exclude the Chief Justice of India (CJI) from the panel that appoints the Chief Election Commissioner (CEC) and other Election Commissioners (ECs)


The Indian government has introduced a new bill that would exclude the Chief Justice of India (CJI) from the panel that appoints the Chief Election Commissioner (CEC) and other Election Commissioners (ECs). The panel will now be led by the prime minister, with the leader of the opposition in the Lok Sabha and a Union cabinet minister as members.

This move has been criticized by opposition parties, who say that it is an attempt by the government to control the Election Commission and undermine its independence. They argue that the CJI is the most impartial and independent figure in the country, and that his exclusion from the selection panel will lead to the appointment of CECs who are more likely to be beholden to the government.

The government has defended the move, saying that it is simply bringing the law in line with the Supreme Court's judgment in March 2023. The Supreme Court had ruled that the CEC and ECs should be appointed by the president on the advice of a committee comprising the prime minister, the leader of the opposition, and the CJI. However, the court did not specify who should chair the committee.

The government's bill now proposes that the committee will be chaired by the prime minister. This is likely to give the government more control over the appointment process, as the prime minister will now be able to decide who the other two members of the committee are.

The opposition parties have called for the bill to be withdrawn, saying that it is a dangerous attack on the independence of the Election Commission. They argue that the Election Commission is the guardian of India's democracy, and that its independence is essential to ensure free and fair elections.

The bill is likely to be debated in Parliament in the coming weeks. It is unclear whether the government will be able to get it passed, as the opposition parties are likely to put up strong resistance. However, the mere introduction of the bill is a sign that the government is willing to take steps to undermine the independence of the Election Commission.

Translate