'A Very Dangerous Situation If...': Kejriwal Slams PM Modi On Bill On Appointment Of CEC, ECs

New Delhi: Delhi Chief Minister Arvind Kejriwal on Thursday slammed Prime Minister Narendra Modi on a bill that seeks to regulate the appointment of the Chief Election Commissioner and election commissioners, and accused him of not following the Supreme Court order. Claiming it will influence the fairness of elections, Kejriwal said that PM Modi will bring a law through the Parliament to overturn whichever Supreme Court order he does not like.

According to a bill listed for introduction in the Rajya Sabha on Thursday, future chief election commissioners and election commissioners will be selected by a three-member panel headed by the prime minister and comprising the leader of the opposition in the Lok Sabha and a Cabinet minister. This is in contrast to a Supreme Court judgment of March which said the panel should comprise the prime minister, the leader of the opposition in Lok Sabha, and the Chief Justice of India.

"I had already said that the prime minister does not obey the Supreme Court of the country. His message is clear - he will bring a law through the Parliament to overturn whichever Supreme Court order he does not like. It is a very dangerous situation if the prime minister openly does not follow the Supreme Court," Arvind Kejriwal said on Twitter.

Alleging that 'the prime minister is weakening Indian democracy through decision after the decision', the Aam Aadmi Party (AAP) supremo said, "The Supreme Court had formed an impartial committee which will select impartial election commissioners. The prime minister by overturning the Supreme Court has formed a committee that will be under his control and he could make a person of his liking election commissioner through it. It will influence the impartiality of elections."

In another post, he also wrote that the committee proposed for the selection of election commissioners will have 'two BJP and one Congress member'.

"Obviously the selected election commissioner will be loyal to the BJP," the AAP leader said.

Centre tables bill on selection of CEC, ECs; drops CJI from panel

The Centre on Thursday tabled a contentious bill in Rajya Sabha that seeks to replace the Chief Justice of India with a cabinet minister in the panel for selection of the chief election commissioner and election commissioners, in a move that will allow the government to have more control in the appointments of members of the poll panel.

The bill comes months after the Supreme Court in March ruled that a three-member panel, headed by the Prime Minister and comprising the leader of the opposition in Lok Sabha and the Chief Justice of India, will select the CEC and ECs till a law is framed by Parliament on the appointment of these commissioners.

Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023

According to the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023, tabled by Law Minister Arjun Ram Meghwal in the Upper House, a three-member Selection Committee comprising the Prime Minister, who will be the chairperson, the LoP and a Union Cabinet minister, who would be nominated by the Prime Minister, shall select the CEC and ECs.

The bill was introduced amid an uproar by the opposition parties, including the Congress and AAP that accused the government of "diluting and overturning" a Constitution bench order.

A vacancy will arise in the Election Commission (EC) 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' schedule by the EC. On the past two occasions, the commission had announced parliamentary elections in March.

The apex court in its March verdict had aimed at insulating the appointment of the Chief Election Commissioner and election commissioners from the Executive's interference. It had ruled that their appointments would be made by the President on the advice of a committee comprising the Prime minister, LoP in 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.

Before the Supreme Court ruling, the Chief Election Commissioner and election commissioners were appointed by the President on the recommendation of the government.

According to the bill, the appointment of the Chief Election Commissioner and election commissioners "shall not be invalid" merely because of any vacancy in or any defect in the constitution of the selection committee.

In case there is no LoP in the Lower House of Parliament, the leader of the single largest party in opposition in the Lok Sabha will be deemed to be the LoP.

The Chief Election Commissioner and election commissioners will be appointed from amongst persons who are holding or have held a post equivalent to the rank of secretary and shall be persons of integrity, who have knowledge of and experience in the management and conduct of elections.

As per the bill, a 'search committee' headed by the cabinet secretary and comprising two other members not below the rank of secretary, having knowledge and experience in matters relating to elections, shall prepare a panel of five persons for consideration by the selection committee, for the appointments.

The existing law does not contain provisions regarding the qualifications of the candidates, the constitution of the search committee and the selection committee for appointments of CEC and ECs.