The Centre has moved a bill that will remove the Chief Justice of India (CJI) from a three-member committee involved in the process of appointing the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
The Chief Election Commissioner and other Election Commissioners Bill, 2023, has been listed for introduction in the Rajya Sabha to regulate the appointment, conditions of service, and term of office of the CEC and ECs.
The bill aims to replace the CJI with a Cabinet Minister nominated by the PM.
According to the bill, the appointment of the Chief Election Commissioner and other Election Commissioners shall not be invalid merely by reason of any vacancy in or any defect in the constitution of the selection committee.
In the event that there is no Leader of Opposition (LoP) in the Lok Sabha, the leader of the single largest party in opposition in the lower house will be deemed to be the LoP.
In March this year, the Supreme Court had ruled that a three-member panel chaired by the Prime Minister, the Leader of the Opposition in Parliament, and the CJI would advise the President over the appointments of the CEC and the ECs.
A five-judge constitution bench headed by Justice KM Joseph, in a unanimous verdict, had held that this norm will continue until a law on the issue is made by Parliament.