Parliament Passes Bill On Election Commissioners Appointment; CJI Dropped From Selection Panel

The Lok Sabha has passed a bill that brings significant changes to the appointment process of Election Commissioners. The bill, which was approved by the lower house of Parliament, removes the Chief Justice of India (CJI) from the selection panel. This decision has raised concerns among opposition parties and legal experts.

Background

The Election Commission of India is an autonomous constitutional authority responsible for conducting elections in the country. The commission consists of a Chief Election Commissioner (CEC) and two Election Commissioners (ECs). The appointment of these commissioners has always been a matter of great importance and scrutiny.

Prior to the passing of this bill, the selection panel for appointing the Election Commissioners consisted of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. The inclusion of the CJI in the panel was seen as a crucial safeguard to ensure the independence and impartiality of the election process.

The Bill

The bill, titled “The Election Commissioners Appointment (Amendment) Bill,” seeks to amend the existing law and remove the CJI from the selection panel. According to government officials, this decision is aimed at reducing the burden on the judiciary and streamlining the appointment process.

The bill proposes that the selection panel will now consist of the Prime Minister, the Speaker of the Lok Sabha, and the Law Minister. This change has sparked a heated debate in Parliament, with opposition parties arguing that the exclusion of the CJI undermines the constitutional balance and compromises the independence of the Election Commission.

Criticism and Concerns

Opposition parties and legal experts have expressed serious concerns about the implications of this decision. They argue that removing the CJI from the selection panel could open the door for political interference in the appointment process.

The inclusion of the CJI was seen as a crucial safeguard against any partisan decision-making. With the CJI out of the panel, the appointment of Election Commissioners could become subject to political considerations rather than being guided by the principles of independence and fairness.

Legal expert, Mr. Alok Awasthi, expressed his concerns on Twitter, stating, “This move sets a dangerous precedent and undermines the integrity of the election process. The independence of the Election Commission must be safeguarded at all costs.”

Government’s Justification

The government, on the other hand, argues that this change will expedite the appointment process and reduce the burden on the judiciary. They believe that the inclusion of the Law Minister in the selection panel will ensure a fair decision-making process.

The Law Minister, Mr. Rajesh Sharma, defended the bill during the parliamentary debate, stating, “The government is committed to upholding the integrity and independence of the Election Commission. This amendment is a step towards streamlining the appointment process and ensuring efficiency.”

Conclusion

The passing of the bill by the Lok Sabha marks a significant change in the appointment process of Election Commissioners. The exclusion of the CJI from the selection panel has raised concerns about the independence and impartiality of the election process. As the bill moves to the Rajya Sabha for further consideration, it remains to be seen how the debate unfolds and what implications this decision will have on the future of the Election Commission of India.

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BREAKING | Parliament Passes Bill On Election Commissioners Appointment; CJI Dropped From Selection Panel#LokSabha #ElectionCommission @awstika https://t.co/Yp2K5ZE2Ba

— Live Law (@LiveLawIndia) December 21, 2023

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@LiveLawIndia said BREAKING | Parliament Passes Bill On Election Commissioners Appointment; CJI Dropped From Selection Panel #LokSabha #ElectionCommission @awstika livelaw.in/top-stories/lo…

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