Former Supreme Court judge Justice Rohinton Nariman on Friday said that if the Bill on the appointment of Chief Election Commissioner and two Election Commissioners is passed by both the Houses of Parliament, then it should be struck down by the court.

The former Supreme Court judge was noting the ‘disturbing features’ that happened in the country this year including “raids on BBC, and recent judgment of the top court on Article 370 abrogation”.

While delivering the 30th Bansari Sheth Endowment Lecture on the theme “The Constitution of India: Checks and Balances” at the Durbar Hall in Mumbai, Justice Nariman said that if the CEC and two ECs are appointed by a selection committee comprising of the Prime Minister, a Union Cabinet Minister and a Leader of Opposition then “free and fair elections are going to become a chimera”.

He said that the Supreme Court, recently, stated to have the Prime Minister, Chief Justice of India, and the Leader of Opposition as the three persons to appoint Election Commissisoners.

“Most unfortunately, we find that a Bill was moved in the Rajya Sabha, which has now become an Act, of course it will go to the Lok Sabha and become an Act in no time, in which the Chief Justice is ‘substituted’ by a minister, appointed by the Prime Minister. Now this is the second most ‘disturbing feature’, because, if as a matter of fact you are going to get the CEC and other EC appointed in this fashion, (then) free and fair elections are going to become a chimera,” Justice Nariman said.

Rajya Sabha on Tuesday passed the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.

As per the Bill, which replaces the the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, the CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee, which will consist of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or leader of the largest opposition party in Lok Sabha.

During his address Justice Nariman said that if the Bill clears all its legislative hurdles in Parliament should be ‘struck down’ when it is challenged in the court.

“We have to see now how our court reacts when this Bill becomes an Act. And I am certain that this is going to be challenged. According to me it should be ‘struck down’ for the asking as an arbitrary piece of legislation because it severely imperils the independence of the working of the Election Commission,” Justice Nariman added.