Election Commissioners' Appointment: SC To Hear Plea Against Law Excluding CJI From Panel On Friday

The Supreme Court will hear on Friday the petitions challenging the decision to exclude the Chief Justice Of India (CJI) from the selection panel to appoint the election commissioners in India

The Supreme Court will hear on Friday the petitions challenging the decision to exclude the Chief Justice Of India (CJI) from the selection panel to appoint the election commissioners in India.

Senior Advocate Prashant Bhushan on Wednesday mentioned for the second time a plea which challenges the decision to exclude CJI out of the panel to select election commissioners to the bench headed by Justice Sanjiv Khanna and comprising MM Sundresh and Bela M Trivedi.

Justice Khanna replied that they have recieved a message from CJI DY Chandrachud that the case will be listed on Friday (March 15).

The Association for Democratic Reforms (ADR) and Congress general secretary of the Madhya Pradesh Mahila Congress Committee Jaya Thakur have moved the top court against the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

The comes in the backdrop of Election Commissioner Arun Goel's resignation. The high-level selection panel headed by Prime Minister Narendra Modi is likely to appoint new election commissioners soon.

The instant Writ Petition by ADR has been filed in public interest under Article 32 of the Constitution challenging the constitutional validity of The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act,2023 (hereinafter to be referred as “Act, 2023”) particularly its Section 7 as being violative of Article 14, basic features of the Constitution and for overruling the Constitution Bench decision of the Supreme Court in AnoopBaranwal v. Union of  India (2023) 6 SCC 161 without altering the basis.

The petition contends that in March 2023, the Supreme Court in AnoopBaranwal v. Union of India (Supra) held that leaving appointment of the members of Election Commission (who are critical for our electoral democracy) in the hands of the executive would be seriously detrimental to the health of our democracy and conduct of free and fair election.

"This Hon’ble Court held that the Election Commission should be fearlessly and robustly independent and such independence would be undermined if the selection process is done by an executive who has a critical stake in the electoral process. It thus directed that in order to fill the vacuum (in absence of a legislation), the appointment to the posts of the Chief Election Commissioner and the Election Commissioners shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the LokSabha and, in case, there is no such Leader, the Leader of the largest party in the Opposition in the LokSabha having the largest numerical strength, and the Chief Justice of India," the ADR petition read.