Supreme Court Petition Challenges Government’s Authority in Appointing Election Commissioners Under New Act
New Delhi, 11-03-2024: A petition has been lodged in the Supreme Court (SC) aiming to halt the government from appointing two Election Commissioners under the newly-enacted Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Terms of Office) Act, 2023. This plea, initiated by a Congress leader from Madhya Pradesh, surfaces just days before the high-powered committee gathering, chaired by the Prime Minister, tasked with selecting poll officers.
As the country gears up for the Lok Sabha elections, the absence of two Election Commissioners is notable, following the recent resignation of Arun Goel and the retirement of Anup Chandra Pandey last month. Currently, Chief Election Commissioner Rajiv Kumar remains the sole member of the three-member Election Commission of India (ECI).
The enactment of the Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service, And Term of Office) Act in December 2023 by Parliament ushered in significant changes, replacing the Chief Justice of India (CJI) with a cabinet minister as one of the members of the selection panel. However, this legislation faced criticism from Opposition parties, who contended that it bestowed the government with heightened authority in appointing top poll officers, thus jeopardizing the autonomy of the poll body.
Jaya Thakur, a Congress leader and the petitioner, had previously challenged the constitutionality of the Act, asserting that its provisions contravene the principle of free and fair elections by lacking an “independent mechanism” for appointing members of the Election Commission of India (ECI). Thakur’s petition references a 2023 order from the Constitution Bench, which stipulated that election commissioners must be appointed based on advice from a panel comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.
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