New Delhi: The Supreme Court on Wednesday said it will hear on February 4 pleas challenging the appointment of the chief election commissioner and election commissioners under the 2023 law which excludes CJI as a member of the selection panel.
After hearing submissions from the counsels, the apex court said, “It will be the opinion of the court under Article 141 versus legislative power to enact law”.
A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan was informed by advocate Prashant Bhushan, representing an NGO, the incumbent Chief Election Commissioner Rajiv Kumar was set to superannuate on February 18, and a new CEC would be appointed under the new law, if the court did not intervene.
Bhushan said the top court in its March 2, 2023 verdict set up a panel comprising the Prime Minister, the Leader of Opposition and the CJI to appoint the CEC and election commissioners.
The bench on March 2, 2023, ruled, “As far as appointments to the posts of chief election commissioner and election commissioners are concerned, the same shall be done by the President of India on the basis of the advice tendered by a committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha and, in case there is no such leader, the leader of the largest party in the opposition in the Lok Sabha and the Chief Justice of India”.
“This norm will continue to hold good till a law is made by Parliament,” it further held.
Bhushan said, “We are of the view that the government cannot remove the CJI from the selection panel which was directed to be formed by the Supreme Court on March 2, 2023.”
“However, under the new law the selection committee will now comprise the Prime Minister, a Union Cabinet minister, the Leader of Opposition or the leader of the largest opposition party in Lok Sabha. They removed the CJI from the selection committee,” Bhushan submitted.
Senior Advocate Gopal Sankaranarayanan, appearing for one of the petitioners, said the government did not remove the basis of the March 2, 2023 judgment, and enacted a new law.
Sankaranarayanan said the only way the Centre could have got around the judgment was by amending the Constitution and not enacting a law.
The top court asked Bhushan and Sankaranarayanan to remind the judges on February 3 for the matter to be taken up the following day.
Bhushan, representing the petitioner Association for Democratic Reforms, challenged the CJI’s exclusion and contended the Election Commission of India should be insulated from “political” and “executive interference” for maintaining a healthy democracy.
Another petitioner, Congress leader Jaya Thakur from Madhya Pradesh, sought to restrain the Centre from appointing new ECs under the 2023 law while challenging its provisions.