Bill in Rajya Sabha to axe CJI from panel that picks the CEC
The government on Thursday tabled in the Rajya Sabha a proposed law that seeks to exclude the Chief Justice of India (CJI) from the panel to appoint the Chief Election Commissioner (CEC) and Election Commissioners (ECs) months after a Supreme Court constitution bench revamped the selection mechanism for their appointments.
In March, the court ruled a panel comprising the Prime Minister (PM), the Leader of the Opposition (LoP), and the CJI, shall appoint CEC and ECs until Parliament brings a law while underlining the independence of the Election Commission of India (ECI) requires a collegium. The court said that the purity of the election process must be maintained to preserve democracy or else it would lead to disastrous consequences.
The constitution bench said the CJI’s presence can usher in impartiality to a selection process when all governments want “yes men in the poll panel”. The government called it a “fallacious” and “constitutionally impermissible” suggestion that the executive cannot make an honest selection without the help of the judiciary.
The court lamented that successive governments have “completely destroyed” the independence of ECI by ensuring no CEC gets the full six-year term since 1996.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill says the panel for appointments of CEC and ECs shall comprise the PM, LoP in the Lok Sabha, and a Cabinet minister.