The Supreme Court declined to stay a new law on Friday, which introduces changes in the appointment process for the chief election commissioner (CEC) and election commissioners (ECs). The law allows for the appointment of these officials by a panel that excludes the Chief Justice of India (CJI). A bench of Justices Sanjiv Khanna and Dipankar Datta agreed to hear a batch of petitions challenging the law and issued a notice to the Centre.
The bench instructed senior advocate Vikas Singh, representing Congress leader Jaya Thakur, who sought a stay on the law, to serve a copy of the petition to the Centre's counsel. Singh argued for an immediate stay, asserting that the law goes against the separation of powers. However, the bench responded that a notice would be issued, and the matter would be heard after considering both sides.
Numerous petitions, including one from Thakur, have been filed in the Supreme Court amid a political dispute over the exclusion of the Chief Justice of India from the panel responsible for selecting the CEC and ECs. Another petition by advocate Gopal Singh seeks the annulment of the law, which grants the central government extensive powers in appointing members to the election body.
Singh's plea urges the Supreme Court to direct the implementation of an independent and transparent system for the selection, constituting a neutral and independent selection committee for the appointment of the CEC and ECs. The new law specifies that the President will appoint the Chief Election Commissioner and other Election Commissioners based on the recommendation of a Selection Committee, comprising the Prime Minister as Chairperson, the Leader of Opposition in the House of the People, and a Union Cabinet Minister nominated by the Prime Minister.
The opposition has accused the Modi government of disregarding a Supreme Court directive from March 2023, which stated that the Prime Minister, the leader of the opposition in Lok Sabha, and the CJI would jointly choose the CEC and ECs. The legal proceedings will likely shed light on the constitutionality and implications of the revised appointment process.
(With Agency Inputs)
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