The government has listed a bill for introduction in the Rajya Sabha to regulate the appointment, conditions of service and term of office of the Chief Election Commissioner and other Election Commissioners.
The move is likely to trigger a fresh face-off between the Executive and the Judiciary, the Centre is set to push a legislation that will exclude the Chief Justice of India from the process to appoint the country's top election officers.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Services and Term of Office) Bill, 2023, about to be introduced in Rajya Sabha today, proposes that the polling officers shall be appointed by the President on the recommendation of a panel comprising the Prime Minister, Leader of Opposition in Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
The Bill, in effect, aims to dilute the Supreme Court's March 2023 judgment in which a Constitution bench held that the appointment of Chief Election Commissioners and Election Commissioners shall be done by the President on the advice of a panel comprising the Prime Minister, Leader of Opposition and the Chief Justice of India.
The Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill also seeks to set up a procedure for transaction of business by the Election Commission.
The Supreme Court had in March delivered a landmark verdict aimed at insulating the appointment of Chief Election Commissioner and election commissioners from the Executive's interference.
It had ruled that their appointments will be done by the President on the advise of a committee comprising the prime minister, leader of opposition in the Lok Sabha and the Chief Justice of India. A five-judge constitution bench headed by Justice KM Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament.
A vacancy will arise in the poll panel early next year when Election Commissioner Anup Chandra Pandey demits office on February 14 on attaining the age of 65 years.
His retirement will come just days before the likely announcement of the 2024 Lok Sabha polls' scheduled by the Election Commission. On the past two occasions, the commission had announced parliamentary polls in March. PTI
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