Petition filed in SC to restrain govt from appointing Chief & other Election Commissioners

In January 2024, the apex court refused to stay the operation of the new law on appointment of election commissioners.

A petition has been filed in the Supreme Court to prevent the government from appointing the Chief Election Commissioner and other Election Commissioners under Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment Conditions of Service and Terms of Office) Act, 2023. Bar & Bench tweeted about this.

The petition also requests that a member of the election commission be appointed in accordance with the Arup Baranwal verdict. This comes after reports that two election commissioners will be appointed on March 15th under the chairmanship of Prime Minister Narendra Modi. This move is intended to fill the vacancies left by the retirement of Anup Chandra Pandey and the unexpected resignation of Arun Goel as Election Commissioner (EC).

In December 2023, a new law for the appointment of Election Commissioners was approved by the President and officially published in the gazette on December 28. The law outlines a panel responsible for selecting the Chief Election Commissioners (CECs) and other Election Commissioners, which includes the Prime Minister, the leader of the Opposition, and a Union Cabinet minister. This law essentially nullifies the previous judgment made by the Supreme Court on the appointment of ECs.

In March 2023, the Supreme Court had ruled that the appointment of CECs and ECs should be done by the President on the advice of a committee comprising the Prime Minister, the leader of the Opposition in the Lok Sabha, and the Chief Justice of India. However, in January 2024, the apex court refused to stay the operation of the new law, meaning that the appointment of CECs and ECs will now be done through the panel outlined in the new law.

A five-judge Constitution Bench headed by Justice KM Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament. However, the judgement has now been nullified by Parliament with the passage of the Elections Commissioners Bill.

According to the new law, the candidates for top posts in the poll panels will be chosen by a selection committee comprising the prime minister, the leader of the Opposition in the Lok Sabha and a Union cabinet minister nominated by the PM, essentially removing the CJI.