Supreme Court expressed concern over inclusion of a cabinet minister in the panel for appointing Election Commissioners, observing that a minister may not oppose the Prime Minister during selection of the Chief Election Commissioner, asking “Why the show of independence.”
The Supreme Court expressed concern over the inclusion of a cabinet minister in the selection panel for appointing election commissioners.
The court observed that a minister may not be able to take a position against the Prime Minister during the decision-making process for the selection of election commissioners.
While flagging the issue of including a cabinet minister in the panel for the appointment of the Chief Election Commissioner (CEC), the SC asked,
“Why the show of independence,”
The matter related to the appointment process of the CEC and Election Commissioners was heard by a bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma.
The petitions challenged the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.
During the hearing, the court remarked,
“Why do you then include the leader of opposition? He’s ornamental. It will always be 2:1. Why do you put up this show of independence in the body? Will a member of cabinet go against the prime minister?”
The Supreme court raised concerns about the current composition of the selection committee, which includes the Prime Minister, a cabinet minister, and the Leader of Opposition.
The court further questioned the need for such a panel structure, noting that if the Chief Justice of India (CJI) can be part of the committee for selecting the CBI Director alongside the Prime Minister and the Leader of Opposition, then there should be an independent member in the election commissioner appointment process as well.
The court stated,
“For a CBI director, CJI is there. for a CBI director. We can say for maintenance of law and order. Or you can stretch it to rule of law also. But Not for maintaining democracy? Not for ensuring pure elections? We don’t say CJI should be there. But why shouldn’t there be an independent member? Why should it be from the ministry?”,
Under the 2023 legislation, the selection committee for the CEC and other election commissioners consists of the Prime Minister, a cabinet minister nominated on the recommendation of the PM, and the Leader of Opposition in the Lok Sabha.
For appointments, a 2:1 majority is required. The bench noted that a cabinet minister included in the panel is unlikely to diverge from the Prime Minister’s view.
The judges also said the selection process for election commissioners is especially significant because it strengthens democracy by ensuring free and fair elections.
Earlier, on March 20, CJI Surya Kant recused himself from hearing petitions challenging the December 2023 law. He had said he would face allegations of conflict of interest.
The law was enacted by Parliament in December 2023 and came months after a landmark Supreme Court ruling that required election commissioners to be selected by a committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and the Chief Justice of India.
The 2023 statute removed the CJI from the panel.
The bench had clarified that the system would remain in effect until Parliament enacts a new law.
Under the 2023 Act, the selection committee includes the Prime Minister, a union minister nominated by the Prime Minister, and the Leader of Opposition (or the leader of the largest opposition party in the Lok Sabha).
The PILs argued that excluding the CJI weakens the independence of the appointment process.