Centre defends dropping Chief Justice of India from EC selection committee

Tribune News Service

Satya Prakash

Tribune News Service

New Delhi, March 20

Defending the appointment of two new Election Commissioners under a 2023 law that excluded the Chief Justice of India (CJI) from the selection panel, the Centre on Wednesday told the Supreme Court that independence of the Election Commission did not arise from a judicial member’s presence on the panel.

In an affidavit filed in response to petitions challenging the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act, 2023, the Centre described the law as “a significant improvement in the appointment process of election commissioners,” saying it provided for “a more democratic, collaborative, and inclusive exercise.”

The Centre also refuted the petitioners’ claims of executive overreach and encroachment on the EC’s autonomy, terming it “wholly incorrect”.

A panel led by PM Narendra Modi had on March 14 appointed Gyanesh Kumar and Sukhbir Singh Sandhu as Election Commissioners under the new law, which was notified in the official gazette on December 28, 2023.

The SC on March 15 refused to stay the newly enacted law in which the CJI has been replaced by a Union Cabinet Minister to be nominated by the PM in the three-member selection panel.

The Centre rejected the allegation of petitioner Association for Democratic Reforms and others that the two ECs were hastily appointed on March 14 to “pre-empt” any possible orders from the top court which was to take up the matter the next day.

“Keeping in mind the ensuing General Election and simultaneous elections of four states, it would have been humanly not possible for one CEC to discharge his functions alone. Therefore, two ECs were appointed on March 14, who have assumed significant functional, administrative and policy responsibilities in the commission,” the affidavit read.

The Centre said a political controversy had been sought to be created only on the basis of “bare, unsupported and pernicious” statements.

The Centre said the names of shortlisted persons were made available to Adhir Ranjan Chowdhury on March 13 after the search committee finalised six names for recommendation.

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