New Delhi: The Union government introduced a Bill on Thursday proposing a change in the process of appointing election commissioners. According to the bill, the prime minister will lead a panel responsible for selecting election commissioners, with the leader of the opposition in the Lok Sabha and a Union cabinet minister as members.

This move follows a March ruling by a constitution bench of the top court. The court ruled that election commissioners should be appointed by the president based on advice from a committee comprising the prime minister, the leader of the opposition in the Lok Sabha, and the chief justice of India (CJI). The bench made this decision in response to pleas seeking reforms in the appointment process due to violations of Article 324(2) of the constitution by the executive in making appointments.

The introduced bill, titled "The Chief Election Commissioner and Other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023," was presented in the Rajya Sabha on Thursday by Union law minister Arjun Ram Meghwal. Opposition parties have criticized the bill, claiming that it would undermine the constitutional independence of the Election Commission of India (ECI).

Of significant concern is the proposal to replace the chief justice of India (CJI) with a Union minister nominated by the prime minister in the selection committee. This change would effectively hand back control over the appointment of election commissioners to the executive.

The bill states that the chief election commissioner and other election commissioners will be appointed by the president based on the recommendation of a Selection Committee consisting of the prime minister as chairperson, the leader of the opposition in the House of the People as a member, and a Union cabinet minister nominated by the prime minister as a member.

The bill also outlines that the search committee for election commissioners will be headed by the cabinet secretary, with two additional members who hold a rank not below that of secretary to the Government of India. This committee will prepare a panel of five individuals for consideration by the Selection Committee.

While reacting to the bill, Congress leader Randeep Singh Surjewala criticized the move as an attempt to transform the Election Commission of India into a 'Modi Election Commission.' He labeled it as a "Black Day" for Indian Democracy and accused it of undermining the Constitutional independence of ECI.

Trinamool Congress leaders Saket Gokhale and Sushmita Dev also expressed concerns about the bill, alleging that it represents BJP's efforts to exert control over the independent Election Commission. Gokhale tweeted that the government has disregarded the Supreme Court's judgment by replacing the CJI with a Union Minister in the selection committee for appointing election commissioners.

In the Bill, the Modi government has replaced the CJI with a union minister. Basically now, Modi and one minister will appoint the entire Election Commission. This is a clear step towards rigging the 2024 elections after fear has been struck into BJP’s heart by the united INDIA alliance,” he said.

AAP MLA Saurabh Bharadwaj said that the Bill shows that Modi “does not trust the Chief Justice of India”. He said at a press conference, “That’s why [Modi] took the CJI out of the panel and presented a Bill that now says the prime minister, a minister chosen by the PM and the leader of the opposition will be appointed election commissioners.”

Dev said that while the leader of the opposition will be a member of the selection panel, they are bound to be outnumbered by the prime minister and a Union cabinet minister. “This is yet another way to control an institution that must be independent,” she tweeted.

“The Supreme Court in its judgment had clearly noted that the Committee should be (A) the Chief Justice of India, (B) the PM and (C) the Leader of the Opposition.