Today (11th March): A petition has been filed in the Supreme Court seeking to restrain the Central government from appointing the Chief Election Commissioner (CEC) and Election Commissioners (EC). The plea appears to challenge the authority of the Center in making such appointments, suggesting potential concerns or disputes regarding the process or criteria for selecting these key electoral officials.
New Delhi: Today (11th March): A plea was filed in the Supreme Court to restrain the Union government from appointing the Chief Election Commissioner (CEC) and other Election Commissioners on March 11, officials said.
The plea refers to Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment Conditions of Service and Terms of Office) Act 2023. It also seeks to follow the Anoop Baranwal judgment in appointing a member of the Election Commission.
The case Anoop Baranwal v. Union of India deals with the system of appointment of the members of the Election Commission of India (“ECI”). A writ petition (WP (C) 104/2015) was filed by Anoop Baranwal, which alleged that the current system of appointment violates Article 324(2) and instead advocated for a collegium-like system for the appointment of the ECI members. Article 324(2) of the Indian Constitution deals with the composition of the Election Commission and the method of appointment of its members.
The President is the head of the executive in India and is entrusted with the task of appointment of ECI members under Article 324, subject to parliamentary law being introduced, which hasn’t yet been done. Therefore, Anoop Baranwal filed this petition before the Supreme Court. The key issues framed by the five-judge bench (K.M. Joseph J, Ajay Rastogi J, Aniruddha Bose J, Hrishikesh Roy J, C.T. Ravikumar J) were, whether the current procedure for appointment of the members of the ECI violates the Constitution of India, and whether issuing a direction for the appointment process of the members of the ECI would violate the separation of powers principle.
In the judgment delivered on March 2, 2023, the Supreme Court unanimously held that the selection of all the election commissioners, including the Chief Election Commissioner, would be done by a three-member committee comprising the Chief Justice of India, the Prime Minister, and the Leader of the Opposition. This explanation seeks to break down the arguments presented as well as the findings and rationale of the Court.
The plea comes after Election Commissioner Arun Goel resigned just before the Lok Sabha polls. He was in line to succeed Rajiv Kumar as the CEC, who is set to retire in February 2025.
READ ALSO: Asaram Bapu Urgently Seeks Medical Treatment, Filed SLP Before Rajasthan High Court
Rajiv Kumar is now the only election commissioner in India, leading up to the important Lok Sabha elections.
The appointment of two election commissioners is expected to happen this week. A high-level selection committee, led by Prime Minister Narendra Modi and including a Union Minister and the Leader of the Congress in the Lok Sabha, Adhir Ranjan Chowdhury, is set to meet on March 14.
In December 2023, the President approved a new law for appointing Election Commissioners. According to this law, the panel responsible for selecting CECs and other Election commissioners includes the Prime Minister, the leader of the Opposition, and a Union Cabinet minister.
READ ALSO: Fault Theory||Delhi High Court: Divorce Granted Over False Allegations By Wife
In March 2023, the Supreme Court ruled that the President should appoint CECs and ECs based on the recommendation of a committee comprising the Prime Minister, the leader of the Opposition in the Lok Sabha, and the Chief Justice of India. However, in January 2024, the apex court refused to stop the implementation of the new law, which means that CECs and ECs will now be appointed through the panel as per the new law.
