The Fact News Service
New Delhi, December 13
Aam Aadmi Party’s (AAP) Rajya Sabha MP Raghav Chadha vehemently opposed the controversial bill related to the appointment of the Chief Election Commissioner and other Election Commissioners in parliament on Tuesday. The AAP Rajya Sabha MP stated that the BJP wants to control the Election Commission by introducing this bill. If passed, it will bring the appointment of the Chief Election Commissioner along with two additional Election Commissioners completely under the control of the central government, enabling them to choose anyone they wish. MP Raghav Chadha emphasized the importance of a non-partisan Election Commission in the country’s democracy. The Election Commission determines when and where elections will take place in the country, the maintenance of Electronic Voting Machines (EVMs), and where they will be deployed. He mentioned that this bill is not only disrespectful to the Supreme Court but also to Lal Krishna Advani, a founding member of the BJP. L.K Advani had advocated for the formation of a 5-member committee in the Chief Election Commissioner’s selection committee, comprising the Prime Minister, opposition leader, Law Minister, and leaders from both the Lok Sabha and Rajya Sabha. My demand is that the government should withdraw this bill.
AAP’s Rajya Sabha MP from Punjab, Raghav Chadha staunchly opposed the highly contentious bill related to the appointment of Chief Election Commissioner and Election Commissioners. The Rajya Sabha MP of the AAP questioned the BJP, asking if the BJP wants to end non-partisan elections in the country. Does the BJP’s government not understand the importance of democracy? Does the BJP not value constitutional institutions? Does the BJP want to make a puppet of every constitutional institution? Does the BJP not respect the decisions of the Supreme Court or understand its importance? These are some questions emerging after reading this bill because this government wants to completely bring the Election Commission of India (ECI) under its control through this bill. They want complete dominance over it. The selection and appointment of the Chief Election Commissioner (CEC) and two additional Election Commissioners (ECs) out of the 3 members of the Election Commission will fall into the hands of the government, allowing them to appoint anyone as the Election Commissioner as they desire.
MP Raghav Chadha mentioned, “The Election Commission plays an important role in our country’s elections. The Election Commission decides whose vote will count, the date and number of phases for elections. The Election Commission determines the management, control, coordination, and usage of Electronic Voting Machines (EVMs). This Election Commission is a crucial institution for conducting impartial elections in this country. This bill is going to destroy one of the few remaining independent institutions in India i.e. the Election Commission, and thereby dislodge free and fair elections from India.”
The AAP Rajya Sabha MP stated, “This bill disrespects three individuals or institutions. The first insult is to the Supreme Court because earlier this year, on March 2, 2023, the Constitutional Bench of 5 judges of the Supreme Court unanimously ruled that there should be no government interference of any kind in the appointment of the Election Commission. Additionally, a committee was formed to eliminate interference. The government, by replacing the Chief Justice with a Cabinet Minister in that committee, is disrupting its balance. This attempt is directly overturning the Supreme Court’s decision and trying to establish a system where they can appoint anyone they desire as the Chief Election Commissioner.”
Raghav Chadha continued, “This is disrespectful towards the Supreme Court because this year, the government has brought two decisions given unanimously by the Constitutional Bench to the Parliament and changed them. The first was the Delhi Service Bill, altered within 8 days by first introducing an ordinance and then bringing it to the Parliament. Now, this bill is altering the decision given by the Supreme Court on March 2 of this year. This government, through this bill, is openly challenging the Supreme Court, saying that whatever decision the Supreme Court makes, if we don’t like it, we’ll bring a bill to change that decision.”
The AAP Rajya Sabha MP expressed that secondly, this bill is an insult to the Chief Justice of India. The decision of the Supreme Court indicates the presence of 3 members in the selection committee, including the Prime Minister, the opposition leader, and the Chief Justice of India himself. Through this bill, the government has made a Cabinet Minister a part of the selection committee by removing the Chief Justice. It’s evident that this bill is brought directly to exclude the Chief Justice from the committee. There have been committees established from time to time in this country for electoral reforms and the Chief Justice should be a member of the selection committee. Most committees, whether it’s the Tarkunde Committee, Dinesh Goswami Committee, Vohra Committee, Indrajit Gupta Committee, Jeevan Reddy Committee, or even the Law Commission’s report under this government.
Raghav Chadha further added that thirdly, through this bill, the BJP government is disrespecting Lal Krishna Advani, one of the founding members of their party and former deputy PM of India. On June 2, 2012, Lal Krishna Advani wrote a letter to the then PM Dr. Manmohan Singh, saying that the Election Commission plays a crucial role in the country’s elections. There is a question mark on its appointment. Its appointment should not be in the hands of the government. Lal Krishna Advani had stated, ‘the present system whereby members to the Election Commission are appointed solely on the advice of the Prime Minister doesn’t evoke confidence in people. Keeping these important decisions as the exclusive preserve of the ruling party renders the entire selection process vulnerable and open to manipulation and partisanship.’ He also added that the selection committee should consist of five members, including the Prime Minister, the opposition leader in Lok Sabha and Rajya Sabha, the Chief Justice of India, and the Law Minister. It’s clear that Lal Krishna Advani also fought for the independence of the Election Commission, but these people did not respect his rights.
The AAP Rajya Sabha MP shared, “Today, I stand in this House for the second time to speak for the rights of Lal Krishna Advani Ji. The first time, when he spoke about the Delhi Service Bill, advocating for Delhi to be granted the status of a full state, and today, about the Chief Election Commissioner’s appointment being independent and unbiased.”
MP Raghav Chadha said that primarily, for three reasons the entire opposition is opposing this bill today. The first reason is that this bill is entirely illegal because one cannot reverse the Supreme Court’s judgment without changing the very basis of it. These individuals have hurt the fundamental sentiment of the Supreme Court’s decision through this bill and have violated the impartiality of the Election Commission.
He further added, “The second reason is that this bill is against the basic structure of the constitution, which talks about free & fair elections, and democracy. If the Election Commission isn’t impartial, the election results will be affected. That’s why this bill violates the basic structure of the Constitution. This bill will entirely place the control of the Election Commission in the hands of the government. By removing the Chief Justice from the selection committee and including a Cabinet Minister, the government will have two representatives in the commission. This way, the government can make all decisions in their favor with a 2-1 majority. It creates a system where eventually even a member of any party could become the Chief Election Commissioner. The day is not far when the BJP appoints their spokesperson or a ‘Yes Man’ as the Chief Election Commissioner.
Raghav Chadha further quoted paragraph 9 of the Supreme Court’s judgment which says that the executive alone being involved in the appointment shows that the commission becomes and remains a partisan body and the branch of the executive. The independence of the commission is intermittently interlinked with the process of the appointment. Moreover, Paragraph 186 states that a person who’s weak needs before the power cannot be appointed as the Election Commissioner. A person who’s in a state of obligation or feels indebted to the person who’s appointed him fails the nation and can have no place in the conduct of Elections, forming the very foundation of our democracy. An independent person cannot be biased. It’s important that the appointment must be overshadowed even by a perception that a ‘Yes Man’ will decide the fate of the democracy and all its promises. Only no-partisan selection isn’t necessary, but it must be seen to be done by the people.
The Rajya Sabha MP said that the third reason for opposing this bill is that there’s no provision for checks and balances in the selection committee. As all decisions will be in favour of the government, the leader of the opposition has only been included in this committee for namesake. This bill fails on the three key tests of independence, neutrality, and constitutionality. It’s a constitutional imperative that If the Election Commission isn’t impartial, the elections won’t be impartial, and the people’s faith in this democracy will waver.
MP Raghav Chadha stated that if the government wants to overturn this decision of the Supreme Court, he gives three suggestions. If the government agrees to any one of these, the entire assembly will support them unanimously. First, the formation of a 2-member committee for the Election Commission, consisting only of the Prime Minister and the opposition leader. These 2 members should unanimously make the decision. Second, the government can consider Lal Krishna Advani’s suggestion of a 5-member committee, including the Prime Minister, opposition leader, Law Minister, leaders of both Houses of Parliament, and the Chief Justice of India. Third, Professor Shiban Lal Saxena’s suggestion in the Constitutional Assembly, where he said that whichever committee is chosen, must be passed by a two-thirds majority from both the Lok Sabha and the Rajya Sabha.
In the end, The AAP Rajya Sabha MP stated, “This bill is a daylight robbery of the democracy of this country. This BJP government wants to hijack democracy. And I on behalf of the AAP vehemently oppose this bill because this bill ensures that India which is today known as the mother of democracy, will tomorrow unfortunately be known as ‘Mockery of Democracy.’
I implore the government to withdraw this bill and the people of the country have immense faith in the democracy of this country, so please don’t play with it.”
