The Supreme Court has opted not to stay the Chief Election Commissioner and Other Election Commissioners Act, 2023, which excludes the Chief Justice of India from the selection panel appointing election commissioners.
A bench comprising Justices Sanjiv Khanna and Dipankar Datta heard writ petitions challenging the constitutionality of various provisions of the Act. These petitions, filed by Congress leader Jaya Thakur, the Association for Democratic Reforms, and others, question the legitimacy of the Act's amendments, particularly the exclusion of the Chief Justice of India from the selection panel.
During the hearing, Senior Advocate Vikas Singh, representing one of the petitioners, cited the precedent set by the Anoop Baranwal ruling, emphasizing the importance of the Chief Justice's role in appointments to election commissioner posts. The Act replaces this position with a Union Cabinet Minister nominated by the Prime Minister.
.jpg.transform/170x160/image.jpg "President to appoint Chief Election Commissioner, ECs on advise of top-level panel: SC")
Advocate Prashant Bhushan, representing the Association for Democratic Reforms, highlighted concerns about the selection committee's process, alleging haste in shortlisting candidates and holding meetings. Justice Khanna questioned Bhushan on the grounds for challenging the Act, considering no allegations were made against the appointed election commissioners.
Senior Advocate Gopal Sankaranarayanan and others echoed similar concerns, arguing that the Act could pave the way for executive influence in appointing election commissioners, thereby jeopardizing the electoral process.
Despite these arguments, the bench declined to issue an immediate stay on the legislation but issued notice on the plea made by Senior Advocate Sanjay Parikh, calling for a response from the other side. The bench assured the petitioners that their arguments would be examined but refrained from suspending the legislation at this stage.
Solicitor General Tushar Mehta defended the process, stating that it began promptly in February after the Act came into force. The bench, however, criticized the hurried procedure and lack of transparency in the selection committee's actions.
The Election Commissioners' Act, which replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, has drawn widespread criticism for allegedly undermining the election commission's autonomy. The enactment triggered multiple legal challenges, highlighting concerns about executive overreach and encroachment on institutional legitimacy.
President Droupadi Murmu has recently appointed former IAS Officers Gyanesh Kumar and Sukhbir Singh Sandhu as members of the Election Commission, nominated by a committee comprising Prime Minister Narendra Modi, Home Minister Amit Shah, and Leader of the Opposition Adhir Ranjan Chowdhury.
(With LiveLaw inputs.)
