The narrative continues without pause. Going by the policies and laws it formulates, the Narendra Modi-led government seems to have as its primary goal the concentration of all power in the hands of the Centre. With the appearance of responding to the Supreme Court order of March 2 that a selection committee for commissioners of the Election Commission should be formed, the government moved the chief election commissioner and other election commissioners (appointment, conditions of service and term of office) bill, 2023, that would establish the executive as the sole selector by law. The Supreme Court had formed an interim panel with the prime minister, the leader of the Opposition in the Lok Sabha and the Chief Justice of India, which would function till Parliament made a law; its emphasis was reportedly on making the selection objective and fair. Those who would take decisions regarding elections and ensure their conduct in a free and fair manner in a democracy are not expected to be selected by the government of the day alone. The bill, however, complies with the requirement of making a law while ignoring the principle associated with the order which made the presence of the CJI logical. Mr Modi’s government usually has a tense relationship with the Supreme Court; the bill takes it one — especially noticeable — step further by dropping the CJI from the proposed committee.

The bill is ominous. The committee shall consist of the prime minister, the leader of the Opposition and any Union minister of the prime minister’s choice. Even this is not a particular chair, such as the law minister’s. ‘Choice’ is extended to each of the commissioners. This would mean that the custom of the senior-most commissioner becoming the CEC would no longer operate, the government’s preferences would. The picture is of an almost complete hijacking of the control of who runs the EC — the leader of the Opposition would be in a minority. Besides, the status of Election Commissioners has been equated with cabinet secretaries instead of Supreme Court judges. The symbolic diminution of power cannot be without intent. The bill could be considered more dangerous than the undermining of all democratic or independent institutions during the present regime. Its provisions reveal a possible goal — the people must decide whether it is their goal too.