New Delhi, Jan 8, 2025
With the tenure of the incumbent Chief Election Commissioner (CEC) coming to an end in February, the Supreme Court was urged on Wednesday to advance the scheduled hearing on pleas challenging the law introduced by the Parliament, which excludes the Chief Justice of India (CJI) from the process of appointment of top officials of the Election Commission.
“The incumbent CEC is retiring on 18th of February and the new Election Commissioner will have to be appointed. Now, the question is as to whether he will be appointed in terms of the Constitution Bench judgment or in accordance with this new law. I am requesting that this matter should be heard next week,” advocate Prashant Bhushan submitted before a bench headed by Justice Surya Kant.
Declining to fast-track the hearing scheduled on February 4, the Justice Kant-led Bench remarked: “How many matters will we be able to hear urgently? We understand the importance of the matter and any good matter requires some time also. February is not far, remind us on February 3 in the morning, so we are able to take up the matter on 4th February.”
Bhushan said that the issue is already covered by the Constitution Bench judgement and should not take much time.
In March 2023, a Constitution Bench of the Supreme Court had held that the appointment of top officials of the Election Commission shall be done by the President on the advice of a panel comprising the Prime Minister, the Leader of the Opposition (LoP) in the Lok Sabha, and the Chief Justice of India.
“We declare that the appointment of the CEC and the other ECs shall be made on the recommendations made by a three-member Committee comprising the Prime Minister, LoP of the Lok Sabha and in case no LoP is available, the leader of the largest opposition party in the Lok Sabha in terms of numerical strength and the Chief Justice of India,” said the apex court, clarifying that its guidelines shall be in effect until Parliament makes a law in consonance with Article 324(2) of the Constitution.
After the apex court verdict, the Parliament introduced legislation providing that the Chief Election Commissioner (CEC) and the other Election Commissioners (ECs) will be appointed by the President on the recommendation of a Selection Committee consisting of the PM, the Leader of the Opposition (or the largest opposition party) in the Lok Sabha, and a Union Cabinet Minister to be nominated by the PM.
Several PILs were filed before the Supreme Court challenging the constitutional validity of the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023.
One of the pleas filed by a Noida-based lawyer sought directions to set aside the gazette notification issued by the Union government on December 28, 2023, and to include the Chief Justice of India in the selection committee for the appointment of the CEC and ECs.
Further, it sought direction to the Union of India for implementing an independent and transparent system of selection constituting a neutral and independent selection committee for appointment of the CEC and other ECs.
Recently, CJI Sanjiv Khanna recused himself from hearing the matter and said that the PILs should be heard by a different Bench.(Agency)
