Legal News and Insight around the Globe!

Central Government Introduces Bill to Amend Selection Panel for Election Commissioners, Excluding Chief Justice of India

LI Network

Published on: 10 August 2023 at 15:24 IST

The Central Government has put forth a Bill aimed at defining the procedure for appointing the Chief Election Commissioner and other Election Commissioners.

According to the proposed Bill, the President will appoint the Chief Election Commissioner and other Election Commissioners based on recommendations provided by a Selection Committee comprising:

(a) the Prime Minister as the Chairperson;

(b) the Leader of the Opposition in the House of the People as a Member;

(c) a Union Cabinet Minister nominated by the Prime Minister as a Member.

Titled as the “Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023,” the Bill is set to be presented in the Rajya Sabha today by Union Law Minister Arjun Ram Meghwal.

This initiative comes in the wake of a March ruling by a Constitutional Bench of the Supreme Court, stipulating that the Election Commissioners would be chosen by a committee composed of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.

This interim arrangement was established to ensure the autonomy of the Election Commissioners from undue influence.

The bench, led by Justice KM Joseph, issued this directive with the aim of safeguarding the impartiality of the election process.

The bench also noted the absence of a parliamentary law, as stipulated by Article 324(2) of the Constitution, outlining the selection procedure for Election Commissioners.

The proposed Bill, if passed, will potentially redefine the dynamics of the selection process for Election Commissioners, reflecting an evolving approach toward enhancing the independence and objectivity of this crucial electoral role.