Stories
Opposition Flags Concerns Over Election Commission Appointments, Citing Justice Datta's Remarks
- •Justice Dipankar Datta's remark about an umpire selected by the winning side being under a shadow of doubt resonates with the Opposition's concerns regarding the Election Commission appointment bill.
- •Justice Datta observed that including a Union Cabinet minister on the selection panel for the Chief Election Commissioner and other Election Commissioners fails the ‘perception test’ and gives the executive an effective veto.
- •During parliamentary debates in December 2023, Opposition members argued that the bill compromises the independence and impartiality of the Election Commission, undermining democratic legitimacy.
- •AIMIM leader Asaduddin Owaisi highlighted that the legislation overturns a Supreme Court decision by excluding the Chief Justice of India from the Selection Committee.
- •The Opposition noted that the Selection Committee is heavily weighted with government representatives, leaving the Leader of the Opposition as the sole independent voice, leading to dissent from Adhir Ranjan Chowdhury.
Key Questions Answered
Justice Dipankar Datta observed that including a Union Cabinet minister on the selection panel for the Chief Election Commissioner and other election commissioners fails the perception test and grants the executive an effective veto, leaving the Leader of the Opposition as the sole independent voice.
When the bill came up for consideration in December 2023, opposition members argued that it compromised the independence and impartiality of the Election Commission. Leaders like Asaduddin Owaisi noted that the legislation overturned a Supreme Court decision by excluding the Chief Justice of India from the selection committee.
Gyanesh Kumar became the first Chief Election Commissioner to be appointed under the 2023 law in February of the previous year, while Vivek Joshi was appointed as an election commissioner on the same day.
