Fundamental flaw

New Bill can curb election watchdog's independence

The government’s Bill on appointing members of the Election Commission of India (ECI) contradicts in letter and spirit the verdict of the five-judge Constitution Bench just five months ago. Introduced in the Rajya Sabha on August 10, the Bill, prima facie, represents an acceptance of the Supreme Court’s observation, drawn from Constituent Assembly debates, that appointments to the ECI should be subject to laws passed by Parliament. But in its key features, the Bill has compromised the ECI’s institutional independence.

The principal problem lies in the composition of the committee to appoint the chief election commissioner (CEC) and election commissioners (ECs).