Bill on appointment of Election Commissioners impairs ECI's independence: Justice Rohinton Nariman

The recent bill passed by the Rajya Sabha governing the appointment and other service conditions of Chief Election Commissioner (CEC) and Election Commissioners (EC) could seriously jeopardise the independence of the Election Commission of India (ECI), former Supreme Court judge Justice Rohinton Nariman said on Friday..Justice Nariman said that if the bill becomes law, the executive will have the final say in appointing CEC and ECs, which would affect free and fair elections."If you are going to get the Chief Election Commissioner and other Election Commissioners appointed in this fashion, free and fair elections are going to become a chimera," he said.He termed the bill an arbitrary piece of legislation that impairs the independence of the Election Commission and expressed hope that the Supreme Court would strike down the law if it is challenged before the top court."When this matter comes up before the Supreme Court, I hope that this bill, which will now become an Act, will be struck down. I sincerely hope. If it is not, it is fraught with the greatest danger to democracy," the former judge opined.It should be struck down as an arbitrary piece of legislation because it severely impairs the independence of the working of the Election Commission, the judge added.He was delivering the 30th Bansari Sheth Endowment Lecture on the theme "The Constitution of India: Checks and Balances.".Bill on appointment of Election Commissioners arbitrary and impairs independence of the Election Commission.Former Justice Rohinton Nariman .The bill in question, Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 was passed by the Rajya Sabha on December 12.The bill was introduced in the wake of the Supreme Court judgment that had noted the legal vacuum when it came to the appointment of Election Commissioners.The bill prescribes that the selection committee that appoints the Chief Election Commissioner (CEC) and Election Commissioners (ECs) would be chaired by the Prime Minister (PM) and would also consist of a Union Cabinet Minister and the Leader of Opposition in Lok Sabha.Nariman emphasised that the Election Commission was an important pillar of the Indian Constitution and its independence was crucial..He also explained the importance of the Election Commission in his lecture and pointed out how the bill was different from what the Supreme Court had suggested."You had the Supreme Court decide as to how Election Commissioner should be appointed. Something very, very crucial because if Election Commissioners happen to be partisan, then there is no free and fair election and there is no democracy. So the Supreme Court stated in an interim order that until Parliament decides, because of Article 324, the appointment of members of ECI should be done on the advice of a committee comprising the Prime Minister, Chief Justice of India, and the Leader of Opposition in the Lok Sabha," the judge explained. However, in the bill the Chief Justice was substituted with a union minister. "We find that a bill was moved in Rajya Sabha, which will go to the Lok Sabha and become an Act in no time, in which the Chief Justice is substituted by a minister appointed by the prime minister. Now this is a disturbing feature," he stated.Read what Justice Nariman said on Article 370 here..[Watch full lecture below]