Petitioners Urge SC To Hear Challenge To Election Commissioners’ Law Before Retirement Of CEC

The Supreme Court will hear a petition challenging the appointment process for the Chief Election Commissioner (CEC) and Election Commissioners (ECs) on February 4, 2025. Madhya Pradesh Congress leader Jaya Thakur filed the petition, highlighting concerns over the new appointment law.

The petition emphasizes that CEC Rajiv Kumar will retire in February 2025. Thakur argues that if the new law remains unchallenged, the government will appoint a new CEC under it, risking executive control over the selection process. Despite these concerns, the Supreme Court has declined to expedite the hearing.

Thakur contends that appointing ECs under the new law violates the principles laid down in the 2023 Supreme Court judgment in the Anoop Barnwal vs Union of India case. This ruling mandated a three-member selection panel comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI). However, the 2023 law replaces the CJI with a Union Minister nominated by the Prime Minister, raising fears of executive dominance.

Alleged Violations Of Constitutional Principles

The petitioner claims the new law infringes on Article 14 of the Constitution, which guarantees equality before the law. By altering the selection panel, the government allegedly undermines the judiciary’s role and compromises the independence of the Election Commission.

In its March 2, 2023, verdict, the Supreme Court underscored the need for a neutral selection process for CEC and EC appointments. The court’s decision aimed to ensure that these roles remain free from political interference. The petitioner insists that the new law contradicts this judgment and endangers the Election Commission’s autonomy.

The appointment of retired IAS officers Gyanesh Kumar and Sukhbir Singh Sanghu as Election Commissioners under the new law has also faced legal scrutiny. The petition seeks to annul their appointments and restore the original selection panel structure.

Senior advocate Vikas Singh, representing Thakur, argued that once a judicial decision is pronounced, it must be respected without deviation. He emphasized that the Chief Election Commissioner and Other Election Commissioners Act, 2023, violates the court’s earlier directive.

The Supreme Court’s February 4 hearing will determine the validity of the petitioner’s claims and the future of the contentious law. Thakur hopes the court will uphold its previous judgment and restore the judiciary’s involvement in the appointment process.

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