The Supreme Court declined to stay the operation of the Chief Election Commissioner (CEC) and other Election Commissioners Act, 2023, which does not include the Chief Justice of India in the panel appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The court issued notice to the Centre on a plea challenging the law’s constitutional validity and listed the matter for hearing in April.
A bench of Justices Sanjiv Khanna and Dipankar Datta issued notice to the Centre on a plea filed by an NGO, Association for Democratic Reforms, and listed the matter along with other pending petitions on the issue for hearing in April.
The plea challenged the constitutional validity of the the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Advocate Prashant Bhushan, appearing for the NGO, submitted the law is contrary to the constitution bench judgement of the apex court which had directed the inclusion of the CJI in the panel mandated to pick the CEC and ECs.
He said two election commissioners are about to superannuate, and if the operation of the law is not stayed, the plea will become infructuous.
Election Commissioner Anup Chandra Pandey is set to retire on February 14 while Chief Election Commissioner (CEC) Rajiv Kumar will demit office 18, 2025.
On January 12, the top court had issued notices on two separate petitions challenging the constitutional validity of the law and they are listed for hearing in the month of April.
Section 7 of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 states– “Chief Election Commissioner (CEC) and other Election Commissioners (EC) shall be appointed by the President on the recommendation of a Selection Committee consisting of — (a) the Prime Minister — Chairperson; (b) the Leader of Opposition in the House of the People — Member; (c) a Union Cabinet Minister to be nominated by the Prime Minister — Member.”
The NGO’s plea said the law was enacted in 2023 in order to fill the vacuum under Article 324(2) of the Constitution of India.
The plea said the new law enacted in 2023, particularly its Section 7, is violative of Article 14 (equality before law) of the Constitution, basic features of the Constitution, and overrules the 2023 constitution bench decision, without altering the basis.
The petition, filed through Bhushan, said on March 2, 2023 the constitution bench of this court held that leaving the appointment of the members of Election Commission in the hands of the executive would be seriously detrimental to the health of democracy and for the conduct of free and fair elections.
Source: Economic Times
