New Delhi: In an effort to override the Supreme Court judgement to appoint the Chief Election Commissioner and other election commissioners on the basis of the recommendation of a three-member committee, the centre is likely to introduce a bill in the Rajya Sabha on Thursday.
According to the bill – ‘Appointment and term of chief election commissioner and other Election Commissioners’ – the three-member committee will consist of the Prime Minister as the Chairperson. The other two members will be the Leader of Opposition in the House of the People-Member and a Union Cabinet Minister to be nominated by the Prime Minister-Member.
Interestingly enough in March this year, the Supreme Court of India issued a directive stating that the appointment of the Chief Election Commissioner and Election Commissioners will now involve a high-powered committee. This committee will comprise the Prime Minister, the Leader of the Opposition, and the Chief Justice of India, mirroring the procedure for appointing the CBI Director.
In a unanimous decision, a Constitution bench composed of five judges ruled that the President of India will be responsible for appointing the Election Commissioners. This appointment will be made based on the recommendations provided by a Committee, which will include the Prime Minister, the Leader of the Opposition in the Lok Sabha (or the leader of the largest opposition party), and the Chief Justice of India.
The Centre reversed the mechanism of the three-member committee by introducing a cabinet minister of the Prime Minister’s choice in place of the Chief Justice of India as the third member of the committee, obviously fortifying the majority of the ruling party in the committee. However, the Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a Selection Committee
The Bill also says that The Chief Election Commissioner and other Election Commissioners shall be appointed by the President by warrant under his hand and seal. The Chief Election Commissioner and other Election Commissioners shall be appointed from amongst 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.
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 Chief Election Commissioner and other Election Commissioners, the bill says.
The Bill also made it clear that the Leader of Opposition in the House of the People has not been recognised as of the Government in the House of such, the leader of the single largest party in opposition of the government in the House of the People shall be deemed to be the Leader of Opposition.
