PILs in SC challenge new law on appointing CEC, ECs

Tribune News Service

Satya Prakash

New Delhi, January 2

Days after the Centre notified the newly-enacted law on appointment of the Chief Election Commissioner and Election Commissioners, two PILs in the Supreme Court have challenged its validity, contending it gave sweeping powers to the Centre by dropping the Chief Justice of India from the three-member selection panel.

Gopal Singh, an advocate, and Madhya Pradesh Congress leader Jaya Thakur have challenged the validity of the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023 notified in the official gazette on December 28 on the ground that it violated the principles of free and fair election and went against the Supreme Court’s verdict in Anoop Baranwal versus Union of India.

Singh has sought a direction to put in place an independent and transparent system of selection, constituting a neutral and independent selection committee for appointment of the CEC and ECs. He has also urged the top court to stay the implementation of the law.

“It is inherent in a democratic set-up that the agency which is entrusted the task of holding elections to the legislatures should be fully insulated so that it can function as an independent agency free from external pressures from the party in power or executive of the day. This objective is achieved by setting up an Election Commission, a permanent body, under Article 324 (1) of the Constitution,” Thakur submitted.

Ending the 73-year-old system of the government appointing the Chief Election Commissioner and Election Commissioners, the Supreme Court had on March 2 last year ordered creation of a three-member panel comprising the Prime Minister, Leader of Opposition in the Lok Sabha or leader of largest Opposition party and the CJI to select them. In a unanimous verdict, a five-judge Constitution Bench led by Justice KM Joseph (since retired) had, however, said that “This norm will continue to hold good till a law is made by Parliament.”

Under the new law, the CJI has been replaced by a Union Cabinet Minister to be nominated by the Prime Minister as a member of the selection panel while the other two members – the Prime Minister and Leader of Opposition in the Lok Sabha remain the same.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.

#Supreme Court