Bill seeks to remove CJI from the panel that picks CEC and ECs

  • August 11, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Bill seeks to remove CJI from the panel that picks CEC and ECs

Subject: Polity

Section: National Body

Context:

Triggering controversy, the Union government introduced a Bill (The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023) on Thursday to eliminate the Chief Justice of India (CJI) from the panel choosing the Chief Election Commissioner and Election Commissioners.

Transformative Supreme Court Ruling on Appointment Process

  • A Constitution Bench of the Supreme Court, led by Justice K M Joseph, rendered a unanimous verdict on March 2.
  • The ruling mandates the constitution of a high-power committee consisting of the Prime Minister, Leader of Opposition in Lok Sabha, and Chief Justice of India.
  • The committee’s role is to select the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
  • The ruling introduces a pivotal change in the prevailing mechanism of appointing top election officials in India.

Present Process vs. Committee-Centric Appointments

  • The prevailing procedure entails the President’s appointment based on advice from the Union Council of Ministers led by the Prime Minister.
  • The new directive from the Supreme Court introduces a notable alteration.
    • A high-level committee, composed of the Prime Minister, the Leader of Opposition in Lok Sabha, and the Chief Justice of India, will now hold a crucial role in the appointments.

Balancing Powers and Involvement

  • By incorporating the Leader of the Opposition and the Chief Justice of India, the ruling aimed to establish a system of checks and balances.
  • This move intended to prevent any undue concentration of authority and ensure a fair and impartial selection process.

Election Commission’s Authority and Historical Context

  • The vision of centralizing election machinery within the Election Commission was articulated by Babasaheb Ambedkar.
  • The Constitution bestowed the Commission with extensive powers for overseeing elections.
  • Legislative enactments such as The Representation of the People Act, 1950, and 1951, further delineated the Commission’s domain.

Legal Interpretation and Empowerment of the Commission

  • The 1977 case of ‘Mohinder Singh Gill & Anr vs The Chief Election Commissioner, New Delhi and Ors‘ delved into Article 324.
  • The SC affirmed the broad reach of Article 324 in areas not governed by legislation.
  • The terms “superintendence, direction, and control” remained constitutionally potent and expansively defined.
  • Legislative Framework and Terms
  • The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 (EC Act) outlines the terms of service for CEC and ECs.
  • The stipulated term for both EC and CEC is six years under this law.

Evolution of the Commission: From Singular to Multi-Member

  • The Election Commission began as a single-member body, housing only the CEC.
  • A pivotal shift occurred in 1989, transforming it into a multi-member entity ahead of the ninth Lok Sabha elections.

Changing Dynamics: Expansion and Contraction

  • The rationale for expansion in 1989 was rooted in tensions between the Rajiv Gandhi government and CEC R V S Peri Sastri.
  • However, this multi-member structure was subsequently revoked after the Congress lost power.

Reshaping Roles: 1990s Transformation

  • The 1991 Act elevated CEC to a status equivalent to a Supreme Court judge.
  • ECs were granted a stature comparable to High Court judges.
  • This legislation established equal decision-making authority among all Commissioners.

Alteration in Panel Composition: CJI’s Removal

  • The Union government introduced a contentious Bill aiming to modify the selection panel for the Chief Election Commissioner and Election Commissioners.
  • The Bill suggests the removal of the Chief Justice of India (CJI) from the panel.
  • The revised panel would consist of a Cabinet Minister, the Leader of Opposition in the Lok Sabha, and the Prime Minister, who would lead the panel.
    •  An alternative scenario in case the Lower House of Parliament lacks a Leader of Opposition (LoP).
    •  The leader of the single largest Opposition party would be designated as the LoP.

Selection Process Mechanism

  • The initial phase would involve preparing a panel comprising five individuals.
  • This panel then undergoes consideration by the selection committee, responsible for appointing the Chief Election Commissioner and Election Commissioners.

Consequences of Neutrality and Opposition’s Concerns

  • Critics promptly pointed out a potential dent in the Election Commission’s neutrality due to the revised panel composition.
  • The apprehension arises from having two members of the ruling party, namely the Prime Minister and the Cabinet Minister, in the selection panel.
Bill seeks to remove CJI from the panel that picks CEC and ECs Polity