Bill presented in Rajya Sabha to exclude Chief Justice of India from committee for appointing CEC, ECs
The bill was introduced several months following a decision by a constitution bench of the Supreme Court, which determined that a committee consisting of the Prime Minister, LoP, and the CJI would be responsible for appointing the CEC and ECs until Parliament enacts a relevant law.
The government presented the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill in the Rajya Sabha with the intention of omitting the Chief Justice of India (CJI) from the committee responsible for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
As stipulated by the bill, the committee responsible for these appointments shall consist of the Prime Minister, the Leader of the Opposition (LoP) in the Lok Sabha, and a Cabinet minister.
The bill was introduced several months following a March verdict by a Supreme Court constitution bench, which decreed that a committee consisting of the Prime Minister, the Leader of the Opposition (LoP), and the Chief Justice of India (CJI) would be responsible for appointing the CEC and ECs until a corresponding law is enacted by Parliament.
The court delivered this verdict based on the premise that the autonomy of the Election Commission of India (ECI) necessitates a collegium system, emphasizing the imperative of upholding the integrity of the electoral process to safeguard democracy, as any negligence could result in grave repercussions.
The bench stipulated that in the event of the absence of a Leader of the Opposition (LoP), the leader of the single largest party in Parliament will be incorporated into the collegium responsible for appointing the CEC and ECs.
The Election Commission of India (ECI) constitutes a trio, comprising a Chief Election Commissioner (CEC) and two Election Commissioners (ECs). As per Article 324(2) of the Constitution, the authority to appoint the CEC and ECs lies with the President. This constitutional clause specifies that the President, in consultation with the Prime Minister and the council of ministers, will effectuate the appointments, while abiding by any legislation enacted by Parliament pertaining to this matter.
In the absence of such legislation, the appointments of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) were carried out by the Prime Minister and the council of ministers, acting under the authority of the President. Moreover, the regulations governing these appointments did not outline any specific qualifications for potential candidates.
