Supreme Court to Hear Challenge Against Law Excluding CJI from Election Commissioner Selection Panel

Last Updated on March 14, 2024 by News Desk

Introduction:

The Supreme Court is set to address the challenge to a controversial law that excludes the Chief Justice of India (CJI) from the panel responsible for selecting Election Commissioners. Advocates representing the Association for Democratic Reforms (ADR) brought the matter before the court, raising concerns about the omission of the CJI from the selection process. This article will analyze the issue using the IRAC (Issue, Rule, Application, Conclusion) method, providing insights into the legal arguments and implications surrounding the case.

Issue:

The primary issue at hand is the validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023 (CEC Act), which does not include the CJI in the panel tasked with appointing Election Commissioners.

Rule:

The CEC Act allows for the appointment of Chief Election Commissioners and Election Commissioners by a selection committee comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition in the Lok Sabha. However, concerns have been raised regarding the omission of the CJI from this panel, particularly in light of previous Supreme Court judgments emphasizing the importance of the CJI’s inclusion in such appointments.

Application:

Advocate Prashant Bhushan, representing ADR, raised the issue before the Supreme Court, arguing that the exclusion of the CJI from the selection panel could lead to the domination of the ruling government in appointing Election Commissioners. The court has received petitions challenging the validity of the CEC Act, with petitioners citing violations of previous Supreme Court judgments that called for the involvement of the CJI in such appointments.

Conclusion:

The Supreme Court has scheduled a hearing for March 15, where it will consider the arguments presented by both petitioners and respondents, including the Central government and the Election Commission of India (ECI). The outcome of this hearing will have significant implications for the interpretation and implementation of the CEC Act, as well as for the process of appointing Election Commissioners in India.

Written by — Athi Venkatesh AVD