The central government is considering a bill to remove the Chief Justice of India (CJI) from a panel responsible for selecting the Chief Election Commissioner (CEC) and other Election Commissioners (EC). The Rajya Sabha is presenting the Chief Election Commissioner and Other Election Commissioners Bill, 2023, which will govern the recruitment, terms of service, and period of office of the CEC and ECs.
The bill aims to weaken the Supreme Court’s landmark ruling on election officials by replacing the CJI with a Cabinet Minister proposed by the Prime Minister. The new bill will not allow the Judiciary to participate in the selection procedure, potentially sparking a fresh conflict between the Executive and Judicial branches.
The Centre proposes a bill to replace the CJI with a three-member panel to appoint CECs and ECs
On the other hand, the new bill will no longer allow the Judiciary to participate in the selection process, potentially sparking a new conflict between the two branches of government.
The BJP intends to introduce a new bill in parliament
The Indian administration is currently considering legislation that would remove the Chief Justice of India (CJI) from a panel with three members responsible for the procedure of picking the Chief Election Commissioner (CEC) and other Election Commissioners (EC) as the BJP-led NDA government and Judiciary are frequently at odds over crucial legislative matters.
The Chief Election Commissioner and Other Election Commissioners Bill, 2003
The Rajya Sabha is planning for the presentation of the Chief Election Commissioner and other Election Commissioners Bill, 2023, which will govern the recruitment, terms of service, and period of office of the CEC and ECs. Additionally, it will establish the process by which the Election Commission will conduct business.
The bill seeks to replace CJI
The bill aspires to weaken the SC’s landmark ruling on choosing election officials by replacing the CJI with a Cabinet Minister proposed by the PM. The top court in India ruled in March to shield the selection of CEC and ECs from Executive interference.
A three-member panel
A three-member panel led by the Prime Minister, the leader of the Opposition in Parliament, and the CJI will offer guidance to the President on the choice of election officials, according to a decision by the Supreme Court. The leader of the single largest opposition party in the Lok Sabha will qualify the LoP in the absence of a LoP in the Lower House of Parliament.
The Chief Election Commissioner and the other Election Commissioners will get chosen from those who currently hold or have held a position equivalent to that of secretary. They must be honest people with an understanding of expertise in conducting elections.
This bill won’t allow the Judiciary to participate in the selection procedure
The new bill, however, will no longer allow the Judiciary to participate in the selection procedure and is likely to spark a fresh conflict between the two branches of government. It is just one of the numerous disagreements between the Executive and Judicial branches that occurred in recent years. These disputes range from disagreements over the Collegium system to differences in the foundational structure doctrine.
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