Government claim that lawmakers cannot discuss ECI is violation of powers of Parliament: Derek O'Brien

Government claim that lawmakers cannot discuss ECI is violation of powers of Parliament: Derek O'Brien

The government's claim that MPs cannot discuss the Election Commission (ECI) is a violation of the powers of Parliament, Trinamool Congress leader Derek O'Brien has alleged, as he raised the demand for a discussion on the poll panel in the upcoming Winter session.

In a blogpost shared on Wednesday (November 20) night, the Rajya Sabha MP said that over the last two sessions, Opposition parties including his Trinamool Congress, Congress, Samajwadi Party, Dravida Munnetra Kazhagam, Aam Aadmi Party, Rashtriya Janata Dal, Shiv Sena (UBT), Jharkhand Mukti Morcha and others have filed over a 100 notices demanding a discussion on the electoral process being more transparent.

He said the Opposition is not fussy about under which rule the discussion will be held, and is also flexible about how the notice will be worded.

"What stopped the Narendra Modi-led coalition from discussing even a notice titled: '74 Years of General Elections -- Celebrating India's Enduring Democratic Spirit'. Cold feet?" asked Mr. O'Brien.

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"The budget of the ECI... is subject to Parliamentary approval and is presented by the Union government through the Ministry of Law and Justice. This means that Parliament does have the power to scrutinise and discuss the ECI by virtue of holding the power of the purse," he said.

"It is a violation of the powers of Parliament, therefore, when the government claims that lawmakers who approve the budget of the ECI do not have the right to discuss that institution," he said.

During the Budget and Monsoon sessions, the Modi government refused to engage in a discussion on the issue. The "excuse" cited was that parliamentary rules do not allow for a debate on constitutional authorities, the TMC leader said.

In the upcoming Winter session, the Opposition will again demand a discussion on the ECI, he said.

"Instead of hiding behind frivolous excuses, the government must respect the wishes of the citizens of India and participate in a frank and transparent discussion on the ECI," Mr. O'Brien said.

He also said there are several past precedents of the ECI being discussed on the floor of Parliament, including when the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was passed.

"Therefore, it is ridiculous for the government to claim that 'ECI cannot be discussed in Parliament' when precedent shows that the poll body was discussed for seven hours combined, in Lok Sabha and Rajya Sabha, as recently as December 2023," he said.

In the Monsoon session, amid the opposition's demand for a discussion on Special Intensive Revision of electoral rolls by the ECI, Parliamentary Affairs Minister Kiren Rijiju cited a ruling by former Lok Sabha speaker Balram Jakhar, arguing why Parliament could not discuss the poll panel's functioning.

He also said it was for the chairs of the Lok Sabha and the Rajya Sabha to take a call on the issue.

Published - November 21, 2025 01:02 pm IST

parliament / Parliament proceedings / election

Source: TheHindu
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