The Supreme Court declined to halt the implementation of a new legislation that alters the process for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs), excluding the Chief Justice of India from the panel. Justices Sanjiv Khanna and Dipankar Datta, bench members, served notice to the Centre following a petition from the Association for Democratic Reforms, an NGO. The case is scheduled for an April hearing, along with other pending petitions on the matter.
The petition contests the constitutional validity of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Advocate Prashant Bhushan, representing the NGO, argued that the law contradicts a previous Supreme Court ruling mandating the inclusion of the CJI in the panel responsible for appointing the CEC and ECs. Bhushan highlighted the imminent superannuation of two election commissioners, emphasizing the urgency of the issue. However, the bench remained steadfast, refusing interim relief and stating that matters of constitutional validity do not become moot.
According to the new law, the President appoints the CEC and ECs based on the recommendations of a Selection Committee chaired by the Prime Minister, with the Leader of Opposition in the House of the People and a Union Cabinet Minister nominated by the Prime Minister serving as members.
The petition argues that the law, enacted in 2023 to address a void in Article 324(2) of the Constitution of India, reinstates executive dominance in the appointment process. It contends that the Selection Committee is overly influenced by executive members, namely the Prime Minister and a Union Cabinet Minister nominated by the Prime Minister.
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