Appointment of EC to be heard by Supreme Court on Friday
The Supreme Court has agreed to consider a petition from an NGO on Friday (March 15) regarding the exclusion of the chief justice of India from a panel responsible for selecting the chief election commissioner (CEC) and other election commissioners.
The petition, filed by the NGO Association for Democratic Reforms, challenges the validity of a provision in the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This provision stipulates that the selection panel will be chaired by the prime minister, the leader of the opposition and a Union minister nominated by the prime minister.
In the case of Anoop Baranwal versus Union of India case in March last year, a Constitution Bench led by Justice KM Joseph (now retired) ordered the appointment of the chief election commissioner (CEC) and two election commissioners by the President, based on the advice given by a committee consisting of the prime minister, the Leader of the Opposition in the Lok Sabha or the leader of the largest opposition party and the chief justice of India.
The court reasoned that ensuring the “fierce independence, neutrality, and integrity” of the Election Commission of India (ECI) required breaking the government’s monopoly and “exclusive control” over appointments to the highest electoral body.
However, the government introduced a new law to counter the judgment. This law replaced the CJI with a Cabinet minister on the selection committee, granting the Union government a more significant role in the appointment process.
