New Delhi
The Supreme Court (SC) agreed to hear a plea on March 15 seeking to halt fresh appointments to the Election Commission of India (ECI) as per legislation that excludes the Chief Justice of India (CJI) from the appointment process of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs). Justice Sanjiv Khanna, presiding over the Bench, informed advocate Prashant Bhushan, representing the petitioner Association for Democratic Reforms, that the matter would be heard on Friday.
The plea urges the appointment of ECI members in line with the Supreme Court’s March 2023 Constitution Bench judgment, which mandates the President of India to appoint members based on a panel’s advice comprising the Prime Minister (PM), Leader of Opposition (LoP), and the CJI.
Contrary to this, the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 dictates that the President appoints the CEC and ECs upon the Selection Committee’s recommendation, which includes the PM, LoP in the Lok Sabha, and a Union Cabinet Minister nominated by the PM.
Earlier in January, a Bench led by Justice Sanjiv Khanna had issued a notice to the Centre and others on a PIL filed by Congress leader Jaya Thakur against the aforementioned legislation. However, the Bench, also comprising Justice Dipankar Datta, declined to issue an interim order staying the Act’s implementation, stated that there will not be a stay and we cannot stay a statute like this.