The Centre is planning to bring a law that will exclude the Chief Justice of India from the process of appointing the country’s top election officers, perhaps sparking a new clash between the Executive and the Judiciary.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, which is set to be introduced in Rajya Sabha today, proposes that polling officers be appointed by the President on the recommendation of a panel that includes the Prime Minister, the Leader of the Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister. The group will be chaired by the Prime Minister, according to the statement.
The Bill, in effect, seeks to weaken the Supreme Court’s March 2023 decision, in which a Constitution bench ruled that the President shall appoint Chief Election Commissioners and Election Commissioners on the advice of a panel comprised of the Prime Minister, Leader of the Opposition, and the Chief Justice of India.
As per Bill, the search committee will consist of the Cabinet Secretary and two other center secretaries. This committee will prepare a list of five names for consideration of selection committee which is headed by the PM. It states that the Chief Election Commissioner and Election Commissioners will be appointed among those who hold or have held a post equivalent to that of a secretary in the Government of India.
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