New Delhi, 12-01-2024 : The Supreme Court, on Friday, declined to grant a stay on the new law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs), which now excludes the Chief Justice of India (CJI) from the selection panel. However, a bench comprising Justices Sanjiv Khanna and Dipankar Datta has agreed to hear a series of petitions challenging this new legislation and has issued a notice to the Centre to respond.
The bench, while responding to a plea by senior advocate Vikas Singh, representing Congress leader Jaya Thakur, who sought a stay on the new law, emphasized the need for hearing both sides before making a decision. Singh argued that the law goes against the principle of separation of powers, urging the court to stay its implementation. The bench, in response, stated that it would issue a notice to the Centre, allowing a comprehensive examination of the matter.
Several petitions, including the one filed by Jaya Thakur, have been submitted to the Supreme Court, fueling a political controversy surrounding the exclusion of the CJI from the panel responsible for selecting the CEC and ECs. Another plea filed by advocate Gopal Singh seeks the annulment of the new law, which grants expansive powers to the central government for appointments to the Election Commission.
The petition filed by Gopal Singh specifically requests the Supreme Court to direct the implementation of an “independent and transparent system of selection, constituting a neutral and independent selection committee for the appointment of the Chief Election Commissioner and Election Commissioners (CEC and ECs).”
The new law stipulates that the President will appoint the Chief Election Commissioner and other Election Commissioners based on the recommendation of a Selection Committee, consisting of the Prime Minister as the Chairperson, the Leader of Opposition in the House of the People as a Member, and a Union Cabinet Minister nominated by the Prime Minister as another Member. This amendment has sparked criticism from the opposition, accusing the Modi government of disregarding the Supreme Court’s earlier order, which included the CJI in the selection panel.