The Union Government is set to introduce the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 in the Rajya Sabha on Thursday, August 10. This proposed bill carries various provisions, including the replacement of the Chief Justice of India (CJI) with a Cabinet Minister nominated by the Prime Minister in the Selection Committee for the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).

In March 2023, the Supreme Court had ruled that the appointment of the Chief Election Commissioner and Election Commissioners be carried out by the President based on the recommendations made by a Committee consisting of the Prime Minister, the Leader of Opposition, and the Chief Justice of India.

The new bill also outlines the constitution of a Search Committee to assist in the selection process. This Search Committee, chaired by the Cabinet Secretary, and comprising two other members holding the rank of Secretary to the Government of India, possessing knowledge and experience in electoral matters, will prepare a panel of five candidates. This list will then be presented to the Selection Committee for consideration during the appointment of the Chief Election Commissioner and other Election Commissioners. The Selection Committee will have the Prime Minister, the Leader of Opposition or leader of the single largest Opposition party in the Lok Sabha and a Union Cabinet minister nominated by the PM.

The proposed bill also includes a declaration stating that if the Leader of Opposition in the House of the People has not been officially recognised, the leader of the single largest opposition party in the House of the People will be considered as the Leader of Opposition for the purposes outlined in the bill.

If the bill is passed and enacted, it will impact the future conduct and oversight of elections in the country, observers note.

Is the 'Appointment of Election Commissioners Bill' that removes the Chief Justice of India from the Selection Committee in contempt of the Supreme Court judgement?

Prima-facie, not really. The Court's judgement clearly states that the judgement appointing CJI to a Selection…

— Saurav Das (@OfficialSauravD) August 10, 2023