Bill to replace CJI with cabinet minister in panel to select CEC, ECs tabled in Rajya Sabha; Opposition protests

Government on Thursday introduced in the Rajya Sabha a bill that seeks to replace the Chief Justice of India with a Cabinet minister nominated by the prime minister in the selection committee for choosing the chief election commissioner and ECs, virtually giving the dispensation the power to overrule the Leader of the Opposition in the Lok Sabha and hand-pick candidates for these posts.

Law minister Arjun Ram Meghwal introduced The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Bill, 2023, while Opposition members were in the well demanding that a discussion on the situation in Manipur be held. The bill has been introduced after the Supreme Court declared in the Anoop Baranwal vs Union of India case that the appointment of CEC and ECs shall be made on the recommendation of a panel comprising the PM, Leader of the Opposition in Lok Sabha and the Chief Justice of India.

Clause 7 of the bill seeks to alter this provision in the appointment of the CEC and ECs, replacing CJI with a Cabinet minister nominated by the prime minister.

Clause 7(1) states that the CEC and ECs shall be appointed by the President on the recommendation of a selection committee consisting of the prime minister (chairperson), the Leader of the Opposition in the House of the People (or leader of the single largest party in the Lok Sabha) and Union Cabinet minister nominated by the prime minister.

This would ensure that the government has a complete say in the appointment as PM and the nominated Cabinet minister would overrule the LoP in case of a disagreement.

Clause 6 of the bill deals with the search committee for this selection and states that this panel will be headed by the Cabinet Secretary and comprise of two other members not below the rank of secretary of 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".

John Brittas (CPI-M) objected to Clause 7 in the House while some Opposition members were of the view that the bill be sent to a select committee of the Rajya Sabha.

Rajya Sabha passed The Pharmacy (Amendment) Bill, 2023, in the din by a voice vote without a discussion.

Meanwhile, Chairman Jagdeep Dhankhar expressed hope that an agreement will be reached between the Treasury and Opposition benches on holding a discussion on Manipur. He mentioned the reported moves by both sides to discuss a "middle path" where the Opposition would give up its demand for a debate under Rule 267 and the government will not insist on Rule 176. Instead, Rule 167 may be invoked which states that a (mutually agreed) resolution be passed after a discussion.

However, with the session ending on Friday and the government not making a firm commitment to this proposal from the Opposition, there is little possibility of a discussion on the situation in Manipur. The government has also made it clear that the prime minister will not break his silence on Manipur and at most home minister Amit Shah will make a statement.