The Supreme Court has agreed to hear pleas challenging the Chief Election Commissioner and Other Election Commissioners Act, 2023, which excludes the Chief Justice of India from the selection panel of Election Commissioners.
A bench of Justices Sanjiv Khanna, MM Sundresh, and Bela M Trivedi has scheduled the matter for hearing on March 15 after an urgent plea from advocate Prashant Bhushan, representing the NGO Association for Democratic Reforms (ADR).
The petitions were filed by the ADR, Jaya Thakur (General Secretary of the Madhya Pradesh Mahila Congress Committee), Sanjay Narayanrao Meshram, Dharmendra Singh Kushwaha, and advocate Gopal Singh.
They challenge the new election commissioners’ law, which drops the Chief Justice of India from the selection panel for appointing Chief Election Commissioners and other Election Commissioners.
Earlier, the apex court had declined to stay the operation of the Election Commissioner Act, 2023, and issued notice to the Centre, seeking a response in April.
The petitions argue that the Act violates the principle of free and fair elections by excluding an "independent mechanism" for the appointment of Election Commission members.
The Act removes the Chief Justice of India from the appointment process, diluting the Supreme Court's judgment, as the Prime Minister and his nominee become the "deciding factor" in appointments, claim the petitions.
They specifically challenge Sections 7 and 8 of the Act, which outline the appointment procedure for Election Commission members. The petitioners seek the inclusion of the Chief Justice of India in the selection committee for the appointment of Chief Election Commissioners and Election Commissioners.
Presently, the committee comprises the Prime Minister, the Leader of the Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
On December 28, the President approved the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023, after it was passed by the Lok Sabha on December 21.
This Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
The Supreme Court's decision to hear the pleas indicates the importance of maintaining the integrity of the Election Commission and ensuring a fair and transparent appointment process for its members.
The outcome of the hearing will have significant implications for the functioning of India's electoral democracy.
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