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Centre's Bill excludes CJI for selection of CEC and other ECs

  •   Thu, Aug 10 2023 02:01:18 PM

New Delhi, Aug 10 (IANS): The Centre is all set to push for the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023 that will exclude the Chief Justice of India from the process of appointment.

The Bill is likely to trigger a fresh face-off between the executive and the judiciary.

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Services and Term of Office) Bill, 2023, is likely to be introduced in the Rajya Sabha on Thursday.

The Bill proposes that the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) shall be appointed by the President on the recommendation of a panel comprising the Prime Minister, Leader of Opposition (LoP) in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

The Selection Committee will be chaired by the Prime Minister, with the LoP and the Union Cabinet Minister appointed by the Prime Minister to be the members.

The Bill also proposes that the CEC and othe ECs shall be appointed from among the persons who are holding or have held a post equivalent to the rank of Secretary to the Government of India and shall be persons of integrity, who have the knowledge of and experience in management and conduct of elections.

It also proposes that a search committee headed by the Cabinet Secretary and comprising two other members not below the rank of Secretary to the Government of India, having knowledge and experience in matters relating to elections, shall prepare a panel of five persons for consideration of the Selection Committee, for appointment as the CEC and other ECs.

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 Commissioner 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 Supreme Court order has also said until Parliament makes a law in consonance with Article 324(2) of the Constitution, the following guidelines shall be in effect -- We declare that the appointment of the CEC and the other ECs shall be made on the recommendations made by a three-member Committee comprising the Prime Minister, LoP of the Lok Sabha and in case no LoP is available, the Leader of the largest opposition party in the Lok Sabha in terms of numerical strength and the Chief Justice of India.

 
  

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Comment on this article

  • Honnappa, Byadagi

    Thu, Aug 10 2023

    Now the real intentions of modi is out. He wants to become dictator. To be in power by hook or crook.

    DisAgree [1] Agree [6] Reply Report Abuse

  • Harish Hegde, Mangalore/Udupi

    Thu, Aug 10 2023

    He will not succeed, don't forget Late Indiraji's rule.

    DisAgree [1] Agree [2] Reply Report Abuse

  • Francis, Shirva/UK

    Thu, Aug 10 2023

    This is clear indication that, where we are heading to. Only dictator can do that.

    DisAgree [1] Agree [12] Reply Report Abuse

  • Ahmed, Mangalore

    Thu, Aug 10 2023

    So the PM will have 2 votes ( PM + one minister nominated by PM) . Opposition leader will have one vote. So any name selected by PM will be automatically appointed ( 2 : 1 ) . In this scenario there was no need to involve leader of opposition party. Waste of time.

    DisAgree [1] Agree [11] Reply Report Abuse

  • mohan prabhu, LL.D. QC, mangalore/canada

    Thu, Aug 10 2023

    Article 324(2) only requires the appointment of the Chief Elections Commissioner to be made by the President in accordance with the law passed by Parliament. CJI is not required by the Constitution to be a member of the selection processm not even an opposition party, the largest or smallest. If the law is adoptd by Parliament there is nothing either the CJI or the Congress can do.

    DisAgree Agree [1] Reply Report Abuse

  • Prakash, Manipal

    Thu, Aug 10 2023

    BJP = Bharatiya Junglee Politburo .... Slowly bajapa under the Nagpur instructions will change the nation under democracy to select multicracy....

    DisAgree [2] Agree [12] Reply Report Abuse


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Title: Centre's Bill excludes CJI for selection of CEC and other ECs



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