SC to hear pleas opposing appointment of CEC, ECs under 2023 law on April 16
NEW DELHI: The Supreme Court on Wednesday scheduled the hearing of a batch of pleas challenging the validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 for April 16.
The pleas were filed before a bench comprising Justices Surya Kant and NK Singh following the appointment of Chief Election Commissioner (CEC) and Election Commissioners by a selection panel which excludes the Chief Justice of India.
Advocate Prashant Bhushan appearing for one of the petitioners, Association for Democratic Reforms (ADR), sought urgent hearing into the matter. He stated that "this matter goes to the root of our democracy" and that it was listed for hearing on Wednesday but, due to the court's packed schedule, will have to be pushed to a later time. He also noted that the petitioners' arguments would not take long.
The bench, however, posted the matter for hearing on April 16 and said the court would ensure minimal urgent listings on that day, so the case could be heard at great length, at the start of court’s proceedings.
Bhushan alleged that despite the March 2, 2023, SC verdict to set up a panel comprising the Prime Minister, the Leader of Opposition and the CJI to appoint the CEC, it was amended by the Central government later.
A new law, The Election Commissioner's Act, was passed in December 2023, in which the CJI was dropped from a committee to appoint the CEC and other ECs.
According to the new law, they are to be appointed as per the recommendation of a panel comprising of the Prime Minister, a Cabinet Minister and the Leader of the Opposition (LOP).
Bhushan further alleged that by removing the CJI from the selection panel, the Executive has acquired control over the appointment of ECs, which is a "threat to electoral democracy."
Several individuals, including Congress leader Jaya Thakur, NGOs -- ADR, the People's Union for Civil Liberties (PUCL), Lok Prahari -- had moved the top court, challenging the validity and sought a stay on the operation of Section 7 of the CEC and other ECs Act, 2023.
The petitioners in the top court argued that the previous system, which involves the CJI as one of the panel members, safeguarded the autonomy of the institution.
"The 2023 Act was enacted in response to a Supreme Court ruling that called for insulating the election commissioner appointment process from executive influence, which recommended the inclusion of the CJI in the selection panel. The new legislation, however, diverges from this suggestion, raising concerns about potential political interference in the selection process," the petitions said.