Private member Bill seeks PM-led panel for selecting Chief Election Commissioner

In an article in The Indian Express in June, Tewari had argued the same, saying that the time has come for the Election Commission to ensure and uphold democracy within political parties through the appointment of external monitors and other innovative mechanisms.

The tabling of the private member Bill seeking setting up of a committee – consisting of the Prime Minister, Home Minister, Leader of Opposition or floor Leader in both Lok Sabha and Rajya Sabha and Chief Justice of India and two senior-most judges of the Supreme Court — comes at a time when the Supreme Court is hearing petitions on the need for reforms in the appointment of Chief Election Commissioner and the Election Commissioners.

The Bill envisages a fixed tenure of six years for the Chief Election Commissioner and Election Commissioners and three years from the date of appointment for the Regional Commissioners.

“They should not be removed from office except in accordance with the procedure laid down for the removal of a Supreme Court Judge. Also, after retirement they should not be eligible for any reappointment to any office under the Government of India, State Governments and the Constitution,” the Bill says.

The Bill also seeks to provide the Election Commission of India with the “necessary wherewithal to regulate, monitor and superintend the internal functioning of all political parties”.

A provision in the Bill says the “regulation, monitoring and superintendence of internal functioning including but not limited to internal election of all registered political parties under the Representation of the People Act, 1951 shall be vested in the Election Commission”.

“The Election Commission shall regulate, monitor and superintend the internal election of registered political parties…in accordance with their respective constitutions until a Model Internal Code is prescribed by the Election Commission,” the Bill says.

“If any registered political party fails to comply with the advisories, duration and instructions issued by the Election Commission with regard to their internal functions, the recognition of such political party as a State or National may be withdrawn including any other action as the Election Commission deems fit under section 16A of the Election Symbols (Reservation and Allotment Order).”