• UGI USER
  • Jan 15, 2024
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SC REFUSES TO STAY NEW LAW EXCLUDING CJI FROM PANEL PICKING CEC, ECS

Why in the news?

  • Congress leaders Jaya Thakur and Sanjay Meshram filed a plea seeking an interim stay on the new law excluding the Chief Justice of India (CJI) from the panel selecting the Chief Election Commissioner (CEC) and election commissioners (ECs).
  • The Supreme Court, presided by Justice Sanjiv Khanna, declined the request for an interim stay of the new law.
  • The bench issued notice on the plea and refused to stay the statute, emphasizing its inability to do so.

Challenges to New Law:

  • The new law excludes the CJI from the selection panel for the CEC and ECs.
  • Congress leaders argued that the law lacks an “independent mechanism” for appointing Election Commission of India members, violating the principle of free and fair elections.
  • Violation of Separation of Powers:
    • Senior Advocate Vikas Singh argued that the new law goes against the concept of separation of powers. He referred to a March 2, 2023, Constitution bench ruling directing the CEC and ECs’ appointment on the advice of a committee comprising the Prime Minister, Leader of Opposition, and the CJI.
  • Constitutional Challenge:
    • Article 324(2) of the Constitution empowers the President, with aid and advice of the Council of Ministers, to appoint the CEC and ECs.
    • The new law, The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, excludes the CJI from the selection process.
  • Dilution of Previous Supreme Court Judgment:
    • The petitioners argued that the new law dilutes a 2023 Supreme Court five-judge bench ruling restricting the government’s power to appoint CEC and ECs.
    • The exclusion of the CJI from the selection process was deemed contradictory to the previous Supreme Court judgment.

Importance of Transparent Appointment Procedure:

  • The petition emphasized the significance of fairness and transparency in appointing the Chief Election Commissioner and its members.
  • The functioning of the Election Commission significantly impacts the quality of governance and the strength of democracy.

Criticism of Supreme Court Ruling:

  • Former Union Law Minister Ashwani Kumar criticized the Supreme Court ruling on the selection of election commissioners, deeming some of its judgments disappointing.
  • Kumar expressed disagreement with the judgment, asserting that it virtually rewrote the Constitution and conflicted with the will of Parliament.

Next Hearing in April:

  • The court scheduled the next hearing on the matter for April.