The Bill to replace the Chief Justice of India (CJI) from the committee to select the Chief Election Commissioner (CEC) and Election Commissioners runs contrary to a recommendation made by the government’s own committee.
A Constitution Bench headed by Justice (now retired) K.M. Joseph had included the Chief Justice in the selection committee in confirmation of the recommendation made by a committee constituted under the then Law Minister Dinesh Goswami in 1990 to usher in electoral reforms and fortify the independence of the Election Commission of India.
The judgment in March had declared that the CJI would be part of the three-member panel, chaired by the Prime Minister and comprising the Leader of the Opposition in the Lok Sabha, to select the CEC until a new law is enacted.
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The Goswami committee, in its report, besides recommending the ECI to be a multi-member body, said the CEC should be appointed by the President in consultation with the CJI and the Leader of the Opposition (and in case no Leader of the Opposition is available, the consultation should be with the leader to the largest opposition group in the Lok Sabha).
The two Election Commissioners should be appointed in consultation with the CJI, Leader of the Opposition (in case no Leader of the Opposition is available, the consultation should be with the leader of the largest opposition group in the Lok Sabha) and the CEC, the Goswami report recommended.
Statutory backing
The report had suggested statutory backing to the consultation process.
The Goswami recommendations were adapted by the Law Commission of India in its 255th report on March 12, 2015. The Law Commission was dealing with the subject of “strengthening the office of the Election Commission of India”.
“Given the importance of maintaining the neutrality of the ECI and to shield the CEC and Election Commissioners from executive interference, it is imperative that the appointment of Election Commissioners becomes a consultative process,” the Law Commission had noted.
The Law Commission had modified the Goswami recommendation by suggesting that “the appointment of all the Election Commissioners [including the CEC] should be made by the President in consultation with a three-member collegium or selection committee, consisting of the Prime Minister, the Leader of the Opposition of the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha in terms of numerical strength) and the CJI.”
The Constitution Bench judgment in March had noted that the CJI was a member of high-powered panels to select the Lokpal and the Central Bureau of Investigation Director.
