Supreme Court to hear pleas on EC selections on March 21

SC to hear case against appointment of CEC, EC on March 21

The Supreme Court on March 15 deferred the hearing of a bunch of pleas against the appointment of Chief Election Commissioner (CEC) and election commissioners (EC) under the 2023 act for March 21.

During the course of the hearing, senior advocate Vikas Singh, who appeared for one of the petitioner, contended that the appointments could not have been made under the new law. He read out the 2023 judgement of the Supreme Court, which mandated that Chief Justice of India (CJI) should be a part of the panel that appoints CEC and ED. Singh  argued that once a judgment has been passed by a constitution bench of the apex court, the government cannot make a law in contravention to it.

A three judge bench of the court led by Justice Sanjiv Khanna, asked the petitioners to move an appropriate application to this effect and noted that the courts do not normally stay the operation of a law.

As per the law, the panel responsible for the selection of CECs and other ECs includes the Prime Minister, the leader of the Opposition, and a Union Cabinet minister. The President gave approval to the CEC and other ECs (Appointment, Conditions of Service and Term of Office) Bill, 2023 in the last week of December, and it was officially published in the gazette on December 28.

In March 2023, the apex court had ruled that the appointment of the CECs and ECs will be done by the president on the advice of a committee comprising the prime minister, leader of the Opposition in the Lok Sabha and the chief justice of India.

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 bill, 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.