The Aryavarth Express
Agency(New Delhi): In a recent development, the Supreme Court has scheduled a hearing for March 15 to consider a petition from a non-governmental organization contesting the omission of the Chief Justice of India from a committee designated for the appointment of the Chief Election Commissioner (CEC) and other commissioners. The organization argues that to uphold a robust democracy, it’s crucial that the Election Commission remains shielded from both political and administrative meddling.
A panel led by Justice Sanjiv Khanna acknowledged the urgent plea request made by attorney Prashant Bhushan on behalf of the Association for Democratic Reforms. Justice Khanna revealed, “The Chief Justice of India has indicated that the matter will be heard this Friday.”
The Association for Democratic Reforms is disputing the legitimacy and requesting a suspension of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023. This section effectively removes the Chief Justice of India from the selection committee for the CEC and other commissioners. According to the new statute, the committee is to consist of the Prime Minister as its head, alongside the Leader of the Opposition and a Union Minister chosen by the Prime Minister.
The appeal to the apex court was made following the resignation of Election Commissioner Arun Goel. The petition urges that the vacant positions of Election Commissioners be filled in accordance with a selection committee structure previously established by the Supreme Court in the case Anoop Baranwal v. Union of India in 2023.
A pivotal ruling by a five-judge Constitution bench on March 2, 2023, had dictated that the appointments of the Chief Election Commissioner and other commissioners be made by the President, based on the recommendations of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India, aiming to safeguard the integrity of electoral procedures.
The new petition contends that the Centre has disregarded this verdict by enacting the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, in December 2023, without substantial debate or the presence of the opposition. This act, effective from January 2, 2024, is criticized for reverting to a selection process dominated by the executive, thus undermining the rule of law and threatening democratic principles.
Moreover, it is argued that the revised composition of the selection committee represents an undue executive influence over the appointments of the CEC and commissioners, compromising the Election Commission’s autonomy. In a related development, a plea was also submitted by Jaya Thakur, a Congress leader from Madhya Pradesh, seeking to halt the appointment of new election commissioners under the 2023 law and challenging the legislation’s provisions.
