LK Advani’s letter from 2012 resurfaces amid Election Commission Bill controversy

New Delhi: Amid the ongoing debate over a proposed bill regarding the appointment of top election officers in India, a 2012 letter written by veteran BJP leader LK Advani to former Prime Minister Manmohan Singh has emerged.

This letter gains significance as it puts forth a suggestion that contrasts with the bill introduced by the current government.

The proposed bill has sparked discussions due to its exclusion of the Chief Justice of India from the process of appointing the country's top election officers.

In his letter, Advani presented the idea of establishing a comprehensive collegium responsible for overseeing appointments to these crucial positions within the Election Commission. This suggestion comes amidst the backdrop of a proposed bill that diverges from the Supreme Court's stance.

The bill, which was presented in the Rajya Sabha recently, outlines a mechanism where the President will appoint top Election Commission officers based on recommendations from a panel composed of the Prime Minister, the Leader of the Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.

This proposal stands in contrast to the Supreme Court's ruling in March, which called for the inclusion of the Chief Justice of India in the appointment panel.

Advani's 2012 letter advocated for the insulation of the Chief Election Commissioners and Election Commissioners from executive interference, emphasising the importance of maintaining the Election Commission's independence as a Constitutional body.

Congress leader Jairam Ramesh highlighted this contrast, expressing his opposition to the government's move. He said, "The CEC Bill brought by the Modi government is not only against what Advani proposed but also overturns a 5-judge Constitutional bench judgement from 2nd March 2023."

With the imminent retirement of Election Commissioner Anup Chandra Pandey on February 14, 2024, a vacancy will arise in the poll panel early next year. Against this backdrop and with the Lok Sabha elections scheduled for the following year, the proposed bill has sparked concerns.

Ramesh voiced his apprehensions that the bill is aimed at exerting "control" over the Election Commission, particularly in an election year.

The bill's introduction garnered attention as it took place despite strong objections from opposition members. The legislative business was carried forward by Rajya Sabha Chairman Jagdeep Dhankhar, with Law Minister Arjun Ram Meghwal introducing the bill.

Prior to the Supreme Court's March ruling, the appointment of the Chief Election Commissioner and Election Commissioners rested with the President, based on the government's recommendations.