The Supreme Court is scheduled to hear a series of petitions on Wednesday that challenge the legality of a new law concerning the appointment of the Chief Election Commissioner (CEC) and Election Commissioners.
This legislation, known as the Chief Election Commissioner and Other Election Commissioners Act, 2023, has sparked controversy for its exclusion of the Chief Justice of India (CJI) from the selection panel for these key appointments.
Advocate Prashant Bhushan has requested an urgent hearing, stressing the importance of the case for the future of India's democracy.
Bhushan pointed out that this legal challenge needs immediate attention, and he urged the court to prioritise it at the start of the day's proceedings. He referred to the matter as one that could undermine democratic principles if not addressed promptly.
The legislation in question has faced criticism because it removes the CJI from the panel responsible for selecting the CEC and other Election Commissioners. Bhushan, while addressing a bench of Justices Surya Kant and N Kotiswar Singh, argued that the case is of paramount significance.
Justice Kant acknowledged the request and indicated that the matter would be considered for hearing, depending on the schedule and urgency of other cases.
In 2024, the Supreme Court had declined to suspend the appointments of two Election Commissioners under the provisions of the 2023 Act.
At that time, the Court dismissed applications that sought a stay, reasoning that delaying the appointments would lead to confusion and instability as elections were imminent.
The current petitions, filed by the Association for Democratic Reforms (ADR) and various individuals, challenge the provisions of the Act, particularly its failure to provide an "independent mechanism" for appointing the members of the Election Commission of India (ECI).
These petitions argue that excluding the CJI from the selection process undermines the independence of the ECI and violates the principle of free and fair elections.
The Act has been critiqued for disregarding the Supreme Court's March 2023 ruling, which mandated that the appointment of Election Commissioners be made through a committee that includes the Prime Minister, the CJI, and the Leader of the Opposition in the Lok Sabha, pending the formulation of a law by Parliament.
The petitioners contend that by removing the CJI from the selection process, the power dynamics within the committee are skewed, giving the Prime Minister and his appointee undue influence over the appointments.
The petitions specifically target Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which outline the procedures for appointing ECI members.
These provisions, according to the petitioners, fail to ensure an independent and fair appointment process for the ECI.
The petitioners have sought directions from the Supreme Court for the Centre to amend the Act to include the CJI in the selection committee. Currently, the committee comprises the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
The new law replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, which had previously outlined the conditions for the appointment of Election Commissioners.
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