Centre's proposal on Election Commissioners' appointment stirs up sharp rebuttals from AAP, Congress

A bill has been placed on the agenda by the Centre for introduction in the Rajya Sabha. This bill aims to govern the appointment process, service conditions, and tenure of the Chief Election Commissioner and other election commissioners. This action is anticipated to instigate a new conflict between the executive and the judiciary.

Additionally, the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill proposes the establishment of a structured mechanism for conducting the Election Commission's affairs.

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Under the provisions of this bill, the President is responsible for appointing the Election Commissioners, and this act is carried out based on the recommendations put forth by a Selection Committee.

(a) The Prime Minister- chairperson

(b) The Leader of Opposition in the House of the People Member;

(c) A Union cabinet minister to be nominated by the Prime Minister- Member

In a milestone ruling back in March, the Supreme Court aimed to safeguard the appointment of the Chief Election Commissioner and election commissioners against potential interference from the Executive branch.

The verdict stipulated that the appointment process would involve the President, acting upon the advice of a committee comprised of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.

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In response to recent developments, Arvind Kejriwal, the Chief Minister of Delhi, alleged that the Prime Minister's decisions are eroding the foundations of Indian democracy.

Kejriwal voiced his concerns on social media, stating, "I have consistently maintained that the Prime Minister lacks faith in the Supreme Court of our country. His message is clear - any Supreme Court ruling he disagrees with will be counteracted by a parliamentary law. If the Prime Minister openly defies the Supreme Court, we are facing an alarming situation."

Kejriwal further argued, "The Supreme Court had established an impartial committee to select unbiased election commissioners. Modi ji, however, reversed this order by creating a committee under his influence, which would allow him to appoint a favored individual as the Election Commissioner. This has the potential to undermine the fairness of elections."

In a subsequent tweet, Kejriwal alleged, "The selection committee proposed by the Prime Minister will comprise two BJP members and one from the Congress. It's apparent that the elected election commissioners will align with the BJP's interests."

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The unanimous judgment, delivered by a five-judge constitution bench led by Justice KM Joseph, affirmed that this norm will remain in effect until Parliament enacts legislation on the matter.

Meanwhile, reacting to this, Congress leader KC Venugopal said, "Blatant attempt at making the Election Commission a total puppet in the hands of the PM.  What about the Supreme Court’s existing ruling which requires an impartial panel? Why does the PM feel the need to appoint a biased Election Commissioner? This is an unconstitutional, arbitrary and unfair Bill - we will oppose this on every forum."