Government tables bill to exclude CJI from panel to appoint CEC
- Posted on August 10, 2023
- News
- By Stiti pragnya padhy
- 194 Views
The Centre on August 10 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).
As per reports, the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill has been formally listed by the government for consideration in the Rajya Sabha.
This bill seeks to regulate the process of appointing, conditions of service, and the tenure of the Chief Election Commissioner and other Election Commissioners.
Additionally, the proposed bill includes provisions for establishing a systematic procedure for conducting the affairs of the Election Commission, as per a report by the news agency ANI.
Controversy Surrounding The Bill
In March of 2023, the Supreme Court made a landmark judgment with the intention of safeguarding the independence of the process of appointing the Chief Election Commissioner (CEC) and election commissioners (ECs) from any undue influence from the executive branch of the government.
The ruling, delivered by a five-judge constitution bench led by Justice KM Joseph, was unanimous and established that the "Norm will continue to hold good till a law on the issue is made by Parliament." The court's decision mandated that the President's appointments of the CEC and ECs should be based on recommendations put forth by a committee. This committee, as decided by the apex court, was intended to consist of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India as members.
However, recent reports have indicated that the government's bill, which omits the inclusion of the Chief Justice of India as a member of the committee contrary to the Supreme Court's prescribed composition, has been presented in the Rajya Sabha.
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