The Supreme Court Today (March 13th) accepted a petition from an NGO challenging the omission of the Chief Justice of India from a committee tasked with appointing the Chief Election Commissioner (CEC) and election commissioners. The NGO, Association for Democratic Reforms, contests the legitimacy of a provision in the Chief Election Commissioner and Other Election Commissioners Act of 2023. This legislation designates the Prime Minister as the chair of the selection panel, with the Leader of the Opposition and a Union Minister appointed by the Prime Minister as the other two members.
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NEW DELHI: The Supreme Court announced its decision to consider a petition filed by a non-governmental organization (NGO), Association for Democratic Reforms, challenging the exclusion of the Chief Justice of India (CJI) from the committee responsible for selecting the Chief Election Commissioner (CEC) and other election commissioners. The plea, represented by lawyer Prashant Bhushan, was acknowledged by a bench led by Justice Sanjiv Khanna, who confirmed the urgent hearing set for March 15, stating,
“I just got the message from the CJI that it will be listed on Friday (March 15th).”
The NGO’s legal challenge targets the provisions of the Chief Election Commissioner and Other Election Commissioners Act, 2023. According to the contested law, the selection committee is composed of the Prime Minister, who serves as the chairperson, the Leader of the Opposition, and a Union Minister appointed by the Prime Minister. This new legislation has sparked controversy due to its exclusion of the Chief Justice of India from the selection process.
The petition comes in the wake of Election Commissioner Arun Goel’s sudden resignation, leaving two positions within the Election Commission vacant. This development is particularly significant as India prepares for its upcoming elections, with the Narendra Modi-led Bharatiya Janata Party aiming for a third consecutive term in office.
The NGO’s petition references a prior judgment by the Supreme Court’s Constitution bench in the case of Anoop Baranwal v. Union of India, which emphasized the importance of removing the appointment of Election Commission members from the exclusive purview of the executive branch to safeguard the integrity of India’s democratic processes and ensure the conduct of free and fair elections. The petitioners are urging the Supreme Court to mandate that the vacant positions be filled in accordance with the selection committee framework established in the Anoop Baranwal case.
In a landmark decision in March 2023, the Supreme Court had specified that the selection of the CEC and other election commissioners should be conducted by a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.
The challenge to the Chief Election Commissioner and Other Election Commissioners Act, 2023, is not isolated. Jaya Thakur, a leader from the opposition Congress party, has also filed a petition against the act, requesting the court to prevent the Centre from proceeding with appointments under the new law. The contentious provision under scrutiny states,
“Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a Selection Committee consisting of — (a) the Prime Minister — Chairperson; (b) the Leader of Opposition in the House of the People — Member; (c) a Union Cabinet Minister to be nominated by the Prime Minister — Member.”
This legal battle underscores the ongoing debate over the independence and impartiality of India’s electoral appointment process.
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