New Delhi, (UNI) The Supreme Court has scheduled February 12 for hearing a batch of pleas challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023.
The controversial legislation excludes the Chief Justice of India from the selection panel for appointing Election Commissioners, which has sparked widespread criticism.
The urgency in hearing the matter arose due to the impending retirement of the current Chief Election Commissioner on February 18.
Advocate Prashant Bhushan, representing the Association for Democratic Reforms, mentioned the case today, requesting a decision or interim relief.
Bhushan argued that the new law undermines electoral democracy by allowing the government undue influence in the appointment of election commissioners, in direct opposition to a previous Constitution Bench judgment in Anoop Baranwal versus Union of India.
Solicitor General Tushar Mehta, appearing for the Union government, opposed the request for interim relief, citing a detailed speaking order by a coordinate bench that previously declined similar relief. He emphasized that the matter should proceed to a final hearing.
Justice Surya Kant, heading the bench alongside Justice N Kotiswar Singh, remarked, “Better this matter is decided on merits,” and assured an attempt to conclude the hearing on February 12.
The Chief Election Commissioner Act, passed by the Lok Sabha on December 21, 2023, and the Rajya Sabha on December 12, 2023, replaces the Election Commission Act, of 1991.
It introduces significant changes to the appointment process, empowering the President of India to appoint election commissioners based on recommendations from a selection committee, comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha.
The exclusion of the Chief Justice from this panel has led to criticism for alleged executive overreach and diminishing the Election Commission’s autonomy. The controversy has resulted in multiple petitions from Congress leader Jaya Thakur, the Association for Democratic Reforms, and other concerned parties.
In March 2024, the Supreme Court had previously declined to stay the implementation of the Act, with Justice Sanjiv Khanna (now Chief Justice of India) remarking that the matter presented constitutional and procedural questions.
