Opposition slams CEC Bill: Against Constitution, SC judgment, EC freedom

The Bill seeks to regulate the appointment of the Election Commission of India (ECI) by constituting a three-member selection committee comprising the Prime Minister, the Leader of the Opposition or leader of the single largest Opposition party in the Lok Sabha and a Cabinet Minister named by the PM. According to the Opposition MPs, the Bill gives an “advantage” to the government in selecting the CEC and ECs.

Responding to the criticism, Law Minister Arjun Ram Meghwal asked the Congress “why did you keep a shortcoming in the law in 1991” and said those who had not “introspected themselves” were now telling the government what to do.

Several MPs asked why the government had decided to replace the Chief Justice of India with a Cabinet Minister in the panel, as the Supreme Court in its March 2 judgment had ordered a panel of the PM, LoP and CJI to select the ECI till Parliament enacted a law.

Initiating the discussion on the Bill, Congress MP Randeep Singh Surjewala said the Bill “bulldozes” the independence of the EC and the selection committee was only a “formality”.

“It militates against the very spirit of the Constitution that is enshrined in Article 14. It completely negates and subjugates the Election Commission to the authority of the executive and it does away with, willingly and maliciously, the judgment of the Supreme Court in toto,” he said.

As Surjewala continued to speak, quoting the Supreme Court’s judgment, Chairman Jagdeep Dhankhar sought to “remind” him that “with highest respect to everyone, Parliament is the sole repository of lawmaking”. Dhankhar said Surjewala had focused on the Supreme Court judgment “as if the reflections therein have to bind us”.

“This House, this Parliament, to the exclusion of any other entity, be it executive, be it the judiciary, is supreme when it comes to lawmaking,” Dhankhar said.

Replying to Surjewala’s criticism, BJP MP Ghanshyam Tiwari said: “I remember clearly that once, Navin Chawla, who was Indira Gandhi’s secretary, was made an Election Commissioner. And today, they are saying the government will be making the appointments. The party that imposed Emergency is talking of democracy.”

Another BJP MP K Laxman said the Supreme Court had made it clear that the committee it named would be temporary, until Parliament enacts a law, but the Opposition was claiming that the CJI had been removed. Taking a dig at the Congress’ strength in Parliament, he said the Law Minister had been “liberal” to include the leader of the single largest Opposition party in the Lok Sabha as a member of the committee in case there was no party to hold the official post of LoP.

TMC MP Jawhar Sircar termed the Bill a “charade” and said it shook the “foundations of democracy”. Opposing the Bill, DMK MP Tiruchi Siva said it was undemocratic and paved the way for appointment of “yes-men”. He called for the Bill to be sent to a select committee. Also opposing the Bill, Aam Aadmi Party MP Raghav Chadha said the Bill would destroy the institution of the EC.

“This Bill is against the basic structure of the Constitution. The basic structure of the Constitution is free and fair elections,” Chadha said.

CPI(M) MP John Brittas said there was a “tragic paradox at play”, as the government praised the Supreme Court on Monday for upholding the abrogation of Article 370, but on Tuesday it brought a Bill that goes against the court’s March 2 judgment.

“The Supreme Court had said if there is no independence, it would lead to disastrous consequences. This Bill is inviting disastrous consequences because you are making the Election Commission dependent — an appendix of the executive,” Brittas said.