Mon. Feb 26th, 2024

New Delh- Aam Aadmi Party’s (AAP) Rajya Sabha MP Shri Raghav Chadha vehemently opposed the controversial invoice associated to the appointment of the Chief Election Commissioner and different Election Commissioners in parliament on Tuesday. The AAP Rajya Sabha MP said that the BJP desires to manage the Election Commission by introducing this invoice. If handed, it’ll convey the appointment of the Chief Election Commissioner together with two extra Election Commissioners fully beneath the management of the central authorities, enabling them to decide on anybody they want. MP Shri Raghav Chadha emphasised the significance of a non-partisan Election Commission within the nation’s democracy. The Election Commission determines when and the place elections will happen within the nation, the upkeep of Electronic Voting Machines (EVMs), and the place they are going to be deployed. He talked about that this invoice shouldn’t be solely disrespectful to the Supreme Court but in addition to Shri Lal Krishna Advani, a founding member of the BJP. Shri L.Okay Advani had advocated for the formation of a 5-member committee within the Chief Election Commissioner’s choice committee, comprising the Prime Minister, opposition chief, Law Minister, and leaders from each the Lok Sabha and Rajya Sabha. My demand is that the federal government ought to withdraw this invoice.

AAP’s Rajya Sabha MP from Punjab, Shri Raghav Chadha staunchly opposed the extremely contentious invoice associated to the appointment of Chief Election Commissioner and Election Commissioners. The Rajya Sabha MP of the AAP questioned the BJP, asking if the BJP desires to finish non-partisan elections within the nation. Does the BJP’s authorities not perceive the significance of democracy? Does the BJP not worth constitutional establishments? Does the BJP wish to make a puppet of each constitutional establishment? Does the BJP not respect the selections of the Supreme Court or perceive its significance? These are some questions rising after studying this invoice as a result of this authorities desires to fully convey the Election Commission of India (ECI) beneath its management via this invoice. They need full dominance over it. The choice and appointment of the Chief Election Commissioner (CEC) and two extra Election Commissioners (ECs) out of the three members of the Election Commission will fall into the palms of the federal government, permitting them to nominate anybody because the Election Commissioner as they need.

MP Shri Raghav Chadha talked about, “The Election Commission performs an essential position in our nation’s elections. The Election Commission decides whose vote will depend, the date and variety of phases for elections. The Election Commission determines the administration, management, coordination, and utilization of Electronic Voting Machines (EVMs). This Election Commission is a vital establishment for conducting neutral elections on this nation. This invoice goes to destroy one of many few remaining unbiased establishments in India i.e. the Election Commission, and thereby dislodge free and honest elections from India.”

The AAP Rajya Sabha MP said, “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.”

Shri 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 invoice is an insult to the Chief Justice of India. The determination of the Supreme Court signifies the presence of three members within the choice committee, together with the Prime Minister, the opposition chief, and the Chief Justice of India himself. Through this invoice, the federal government has made a Cabinet Minister part of the choice committee by eradicating the Chief Justice. It’s evident that this invoice is introduced on to exclude the Chief Justice from the committee. There have been committees established occasionally on this nation for electoral reforms and the Chief Justice needs to be a member of the choice committee. Most committees, whether or not it is the Tarkunde Committee, Dinesh Goswami Committee, Vohra Committee, Indrajit Gupta Committee, Jeevan Reddy Committee, and even the Law Commission’s report beneath this authorities. 

Shri Raghav Chadha additional added that thirdly, via this invoice, the BJP authorities is disrespecting Shri Lal Krishna Advani, one of many founding members of their get together and former deputy PM of India. On June 2, 2012, Shri Lal Krishna Advani wrote a letter to the then PM Dr. Manmohan Singh, saying that the Election Commission performs an important position within the nation’s elections. There is a query mark on its appointment. Its appointment shouldn’t be within the palms of the federal government. Shri Lal Krishna Advani had said, ‘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 additionally added that the choice committee ought to consist of 5 members, together with the Prime Minister, the opposition chief in Lok Sabha and Rajya Sabha, the Chief Justice of India, and the Law Minister. It’s clear that Lal Krishna Advani additionally fought for the independence of the Election Commission, however these folks didn’t 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 Shri 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 Shri Raghav Chadha mentioned that primarily, for 3 causes your entire opposition is opposing this invoice at this time. The first motive is that this invoice is solely unlawful as a result of one can’t reverse the Supreme Court’s judgment with out altering the very foundation of it. These people have damage the basic sentiment of the Supreme Court’s determination via this invoice and have violated the impartiality of the Election Commission. 

He additional added, “The second motive is that this invoice is towards the fundamental construction of the structure, which talks about free & honest elections, and democracy. If the Election Commission is not neutral, the election outcomes will likely be affected. That’s why this invoice violates the fundamental construction of the Constitution. This invoice will solely place the management of the Election Commission within the palms of the federal government. By eradicating the Chief Justice from the choice committee and together with a Cabinet Minister, the federal government can have two representatives within the fee. This means, the federal government could make all choices of their favor with a 2-1 majority. It creates a system the place finally even a member of any get together might change into the Chief Election Commissioner. The day shouldn’t be far when the BJP appoints their spokesperson or a ‘Yes Man’ because the Chief Election Commissioner. 

Shri Raghav Chadha additional quoted paragraph 9 of the Supreme Court’s judgment which says that the manager alone being concerned within the appointment exhibits that the fee turns into and stays a partisan physique and the department of the manager. The independence of the fee is intermittently interlinked with the method of the appointment. Moreover, Paragraph 186 states that an individual who’s weak wants earlier than the facility can’t be appointed because the Election Commissioner. An individual who’s in a state of obligation or feels indebted to the one who’s appointed him fails the nation and may don’t have any place within the conduct of Elections, forming the very basis of our democracy. An unbiased individual can’t be biased. It’s essential that the appointment have to be overshadowed even by a notion {that a} ‘Yes Man’ will determine the destiny of the democracy and all its guarantees. Only no-partisan choice is not crucial, but it surely have to be seen to be carried out by the folks.

The Rajya Sabha MP mentioned that the third motive for opposing this invoice is that there is no provision for checks and balances within the choice committee. As all choices will likely be in favour of the federal government, the chief of the opposition has solely been included on this committee for namesake. This invoice fails on the three key checks of independence, neutrality, and constitutionality. It’s a constitutional crucial that If the Election Commission is not neutral, the elections will not be neutral, and the folks’s religion on this democracy will waver.

MP Shri Raghav Chadha said that if the federal government desires to overturn this determination of the Supreme Court, he provides three strategies. If the federal government agrees to any considered one of these, your entire meeting will assist them unanimously. First, the formation of a 2-member committee for the Election Commission, consisting solely of the Prime Minister and the opposition chief. These 2 members ought to unanimously make the choice. Second, the federal government can think about Shri Lal Krishna Advani’s suggestion of a 5-member committee, together with the Prime Minister, opposition chief, Law Minister, leaders of each Houses of Parliament, and the Chief Justice of India. Third, Professor Shiban Lal Saxena’s suggestion within the Constitutional Assembly, the place he mentioned that whichever committee is chosen, have to be handed by a two-thirds majority from each the Lok Sabha and the Rajya Sabha. 

In the tip, The AAP Rajya Sabha MP said, “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.”

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