SC refuses to stay new law that excludes CJI from EC selection panel
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New Delhi: The Supreme Court on Friday refused to entertain a plea to stay a law that will exclude Chief Justice of India from the panel for selecting the chief election commissioner (CEC) and election commissioners (ECs), news agencies reported.
Responding to the plea by Congress leaders Jaya Thakur and Sanjay Narayanrao Meshram, Justice Sanjiv Khanna who presided over the two-judge bench said ‘Please, we can’t stay a statute like this.’
Senior Advocate Vikas Singh, appearing for the petitioners, argued that the new law was against the concept of separation of powers.
Singh pressed for the stay recalling the ruling of March 2, 2023 by the Constitution bench, which directed to appoint the CEC and ECs based on the advice of a committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha and the Chief Justice of India. The ruling in effect quashed the Centre's execuvite order reconstituting the panel for choosing Chief Election Commissioner.
It also directed to include on the panel the leader of the largest Opposition party in the event of having no leader of Opposition.
As per the Article 324(2) of the Constitution, the CEC and ECs have to be appointed by the President with the aid and advice of the Council of Ministers until Parliament form the criteria by enacting a law.
More recently, the government enacted the new law — The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the highlight of which was excluding the CJI from the panel to select the officials.
Subsequently, Thakur and Meshram challenged this law in the apex court arguing that the law does not give an ‘ independent mechanism’ in choosing the members of the Election Commission of India and further contended it is ‘ violative of the principle of free and fair elections’.
President Droupadi Murmu on December 9, 2023 gave assent to the new law passed by Parliament.
It is reported that the court, though it stopped short of staying the statue, will hear the matter next in April. This implies that the current mechanism and the existing members of the Election Commission will stay during the process of conducting the 2024 general election due in May.
