Delhi Chief Minister Arvind Kejriwal on Thursday slammed the Centre for reportedly proposing a bill through which the committee to select the Chief Election Commissioner and Election Commissioners will consist of the Prime Minister, Opposition leaders, and nominated Central government ministers.
A few months ago, the Supreme Court had included the Chief Justice's name in this committee in its order. But if the proposed legislation is passed by Parliament, the Chief Justice's position will be given to a Central minister.
"I had said it before, the Prime Minister doesn't respect the Supreme Court of the country. Their message is clear, any Supreme Court order they don't like, they will bring it to the Parliament and overturn it through legislation. If the Prime Minister openly disregards the Supreme Court, it's a very dangerous situation," Kejriwal said in a tweet in Hindi.
"The proposal by the Prime Minister suggests that there will be two members from the BJP and one from the Congress in the selection committee for the Election Commissioners. It is evident that the appointed Election Commissioners are likely to be loyal to the BJP."
The Chief Minister further said that Supreme Court had formed an impartial committee to select unbiased election commissioners but Modi turned the apex court's order by creating a committee under their control, allowing them to appoint preferred individuals as election commissioners.
"This will affect the fairness of elections, The Prime Minister is weakening Indian democracy with one decision after another," he added.
New Bill details
The Centre is all set to push for the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023 that will exclude the Chief Justice of India from the process of appointment.
The Bill is likely to trigger a fresh face-off between the executive and the judiciary over the new proposed Bill.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Services and Term of Office) Bill, 2023, is likely to be introduced in the Rajya Sabha on Thursday.
The Bill proposes that the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) shall be appointed by the President on the recommendation of a panel comprising the Prime Minister, Leader of Opposition (LoP) in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
The Selection Committee will be chaired by the Prime Minister, with the LoP and the Union Cabinet Minister appointed by the Prime Minister to be the members.
The Bill also proposes that the CEC and othe ECs shall be appointed from among the persons who are holding or have held a post equivalent to the rank of Secretary to the Government of India and shall be persons of integrity, who have knowledge of and experience in management and conduct of elections.
It also proposes that a search committee headed by the Cabinet Secretary and comprising two other members not below the rank of Secretary to the Government of India, having knowledge and experience in matters relating to elections, shall prepare a panel of five persons for consideration of the Selection Committee, for appointment as the CEC and other ECs.
The Bill, in effect, aims to dilute the Supreme Court's March 2023 judgment in which a Constitution bench held that the appointment of Chief Election Commissioners and Election Commissioners shall be done by the President on the advice of a panel comprising the Prime Minister, Leader of Opposition and the Chief Justice of India.
(With inputs from IANS)
