The Bill states that the Selection Committee to appoint the CEC and the ECs will comprise the Prime Minister, the leader of the opposition in Lok Sabha and a Cabinet minister to be nominated by the Prime Minister.
It also states that the appointment of the CEC or the ECs will not be invalid merely by reason of any vacancy in the selection committee or any defect in the constitution of the selection committee.
The top court had in March 2023 said that the appointment of the CEC and ECs shall be done by the President on recommendation of Committee of PM, LoP and the Chief Justice of India.
A five-judge constitution bench headed by Justice KM Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament.
A vacancy will arise in the poll panel early next year when Election Commissioner Anup Chandra Pandey demits office on February 14 on attaining the age of 65 years.
His retirement will come just days before the likely announcement of the 2024 Lok Sabha polls’ scheduled by the Election Commission. On the past two occasions, the commission had announced parliamentary polls in March.