The Supreme Court will urgently hear challenges against the appointment of the Chief Election Commissioner and Election Commissioners under the 2023 law, argued to undermine democratic integrity by excluding the Chief Justice from the selection panel.
New Delhi: The Supreme Court on Tuesday (Feb 18th) announced that it would hear on February 19, on a priority basis, pleas challenging the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) under the 2023 law.
A bench of Justices Surya Kant and N Kotiswar Singh was informed by advocate Prashant Bhushan, representing an NGO, that the government had excluded the Chief Justice of India (CJI) from the selection panel, despite a 2023 Constitution Bench ruling that required the CEC and ECs to be appointed through an independent panel including the CJI.
Bhushan argued that the government had “made a mockery of democracy” by implementing the new law and urged the court to hear the matter urgently.
“The government has appointed the CEC and EC as per the 2023 law, disregarding the view taken by a Constitution Bench,”
he said.
On February 17, the government appointed Gyanesh Kumar as the new CEC, making him the first to be appointed under the new law. His tenure will last until January 26, 2029, just before the Lok Sabha election schedule is expected to be announced.
Additionally, Vivek Joshi, a 1989-batch IAS officer from Haryana, was appointed as an Election Commissioner. Joshi, born on May 21, 1966, is set to serve until 2031.
The 2023 law states that the CEC and ECs retire at 65 or serve a tenure of six years, whichever comes first.
The Supreme Court, while setting February 19 as the hearing date, emphasized that any developments before then would have consequences.
Bhushan reiterated that the March 2, 2023, Supreme Court verdict had directed that ECs be appointed by a three-member panel comprising the Prime Minister, Leader of the Opposition, and the Chief Justice of India. However, the new law replaces the CJI with a cabinet minister, giving the government greater control over appointments.
The NGO Association for Democratic Reforms (ADR) has filed a petition challenging the exclusion of the CJI, arguing that the Election Commission must be free from political and executive interference to maintain democratic integrity.
The plea further claimed that the government’s new law undermines the Supreme Court’s 2023 ruling, allowing excessive executive control over poll panel appointments.
The Supreme Court had earlier refused to stay the appointments under the new law, but the upcoming February 19 hearing is expected to determine the validity of the legislation.
Case Title – Dr Jaya Thakur & Ors. v. Union of India & Anr. | Writ Petition (Civil) No. 14 of 2024 (and connected cases)
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
