Supreme Court To Hear Petitions Challenging New Law On Chief Election Commissioner Appointments

The Supreme Court will hear petitions on April 16 challenging the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) under a new law introduced by the central government.

These petitions argue that the law alters the selection process, which could undermine the independence of the Election Commission, a crucial pillar of India’s democracy.

During proceedings before the bench of Justice Suryakant and Justice NK Singh, senior lawyer Prashant Bhushan, representing petitioners, emphasized that the issue at hand ‘goes to the root of our democracy’.

Bhushan expressed concern that the case, listed at number 38 on the day’s docket, might not be reached for hearing due to the packed schedule.

He requested the court prioritize the case for the next hearing, acknowledging its heavy workload.

Petitioners And Their Concerns

The petitioners, including Trinamool Congress (TMC) MP Mahua Moitra, senior Supreme Court lawyer Mathews J Nedumpara, the Association for Democratic Reforms (ADR), Congress leader Jaya Thakur, and others, have raised serious concerns regarding the new law.

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They argue that the law alters the composition of the three-member selection committee responsible for appointing the CEC and ECs.

Under the new law, the third member of the panel is a Union Minister, rather than the Chief Justice of India (CJI), as stipulated by previous Supreme Court rulings.

This change, petitioners contend, undermines the transparency and impartiality of the selection process.

The Constitutional Implications

The petitioners argue that the new law violates the principles laid out in the Supreme Court’s previous decisions, particularly the verdict in the Anoop Barnwal case.

In that ruling, the Court specified that the selection panel for the CEC and ECs should consist of the Prime Minister, the Leader of the Opposition, and the CJI.

However, the 2023 law replaces the CJI with a Union Minister, a move that petitioners argue violates Article 14 of the Constitution, which guarantees equality before the law.

Central Government’s Law Faces Legal Scrutiny

In March 2023, the Supreme Court issued a landmark ruling affirming that the appointment of the CEC and ECs should be made by a three-member panel.

This panel, according to the ruling, should include the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.

However, the 2023 law enacted by the central government replaces the CJI with a Union Minister, a change that petitioners claim could lead to political interference and a lack of transparency in the election process.

Court To Review The Matter In April

As the petitions move forward, the Supreme Court will consider whether the changes made by the central government align with the Constitution and previous rulings.

The outcome of this case could have significant implications for the independence of the Election Commission and the integrity of India’s electoral system.