NEW DELHI, Aug 10: A bill set to be introduced in the Rajya Sabha proposes a revision to the panel responsible for selecting future chief election commissioners and election commissioners. The proposed three-member panel, headed by the prime minister, will now include the leader of the opposition in the Lok Sabha and a Cabinet minister. This stands in contrast to a March Supreme Court judgment which stipulated the inclusion of the prime minister, the Lok Sabha’s leader of opposition, and the Chief Justice of India in the panel.
Opposition leaders, notably from the Congress, swiftly criticized the move, alleging that it weakens a Constitutional bench ruling. The current Election Commission (EC) will experience a vacancy in early 2024 as Election Commissioner Anup Chandra Pandey retires on February 14 upon reaching 65 years of age.
The proposed change, which aligns the selection process more closely with the ruling party’s influence, triggered accusations of manipulation and control over the EC. Arvind Kejriwal, Delhi Chief Minister, cautioned that such a shift could jeopardize the fairness of elections.
The Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill outlines that the President will appoint the Chief Election Commissioner and other election commissioners based on the recommendation of the Selection Committee, including the prime minister as chairperson, the leader of opposition in the Lok Sabha, and a Union Cabinet minister nominated by the prime minister.
Even if there’s no official leader of opposition in the Lok Sabha, the leader of the largest party in opposition will be considered the de facto leader of opposition. The appointed commissioners must have held a position equivalent to the rank of secretary and possess integrity, as well as knowledge and experience in election management.
A ‘search committee,’ led by the cabinet secretary and comprising two other members with relevant experience, will compile a panel of five potential candidates for the selection committee’s consideration for the role of Chief Election Commissioner and other election commissioners.
