The Supreme Court will hear the petitions filed against the process adopted for the appointment of Gyanesh Kumar and SS Sandhu to the post of Election Commissioners on March 21. The recent appointment of Election Commissioners has been criticized by Lok Association for Democratic Reforms (ADR) and Congress leader Jaya Thakur therfore they approached the court. ADR, in its petition seeking a stay on the appointment of the Chief Election Commissioner and Election Commissioners as per the new Act. Apart from this, a demand has also been made in the petition to give instructions for the appointment of the member of the Election Commission as per the decision of the Constitution Bench of the Supreme Court.
The Chief Election Commissioner and Other Election Commissioners Act, 2023, which removed the Chief Justice of India from the panel that chooses election commissioners, several appeals seeking stay was rejected by the Narendra Modi administration on Wednesday. It said that “bare, unsupported, and pernicious statements” were the basis for an attempt to stir up a political scandal.
The government refuted the petitioners’ claim that Gyanesh Kumar and Sukhbir Sandhu were “hurriedly” appointed on March 14 in order to thwart any decisions issued by the highest court in an affidavit submitted to the Supreme Court, according to a report.
The government contended that such wide general election made it humanly impossible for a single CEC to carry out his duties alone.
The government had responded to the appeal against the Act made by Association for Democratic Reforms (ADR) and Congressman Jaya Thakur.
The plea noted that it would be “detrimental to the health of democracy and the conduct of free and fair elections” to leave the appointment of the EC members in the hands of the government.
The Center justified the 2023 legislation in its affidavit, referring to the appointment of election commissioners as a “more democratic, collaborative, and inclusive exercise.”
The government refuted the pleas, claiming that the petitioners’ argument is founded on a “fundamental fallacy” that an institution’s independence can only be protected if its selection committee follows a specific set of rules. Moreover, it denied allegations of “executive overreach” and “encroachment” on the independence of the EC.
The Chief Election Commissioner and Other Election Commissioners Act, 2023, which removed the Chief Justice of India from the panel that chooses election commissioners, several appeals seeking stay was rejected by the Narendra Modi administration on Wednesday. It said that “bare, unsupported, and pernicious statements” were the basis for an attempt to stir up a political scandal.
The government refuted the petitioners’ claim that Gyanesh Kumar and Sukhbir Sandhu were “hurriedly” appointed on March 14 in order to thwart any decisions issued by the highest court in an affidavit submitted to the Supreme Court, according to a report.
The government contended that such wide general election made it humanly impossible for a single CEC to carry out his duties alone.
The government had responded to the appeal against the Act made by Association for Democratic Reforms (ADR) and Congressman Jaya Thakur.
The plea noted that it would be “detrimental to the health of democracy and the conduct of free and fair elections” to leave the appointment of the EC members in the hands of the government.
The Center justified the 2023 legislation in its affidavit, referring to the appointment of election commissioners as a “more democratic, collaborative, and inclusive exercise.”
The government refuted the pleas, claiming that the petitioners’ argument is founded on a “fundamental fallacy” that an institution’s independence can only be protected if its selection committee follows a specific set of rules. Moreover, it denied allegations of “executive overreach” and “encroachment” on the independence of the EC.
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