New Delhi: The Supreme Court on Wednesday (January 8) said it will be the opinion of the court versus legislative power to enact law as it posted for February 4 hearing on the pleas challenging the 2023 law governing the appointment, conditions of service and terms of office of Chief Election Commissioner (CEC) and Election Commissioners (ECs).
A bench comprising Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan was informed by advocate Prashant Bhushan, who represented an NGO petitioner challenging the 2023 law, that there was great urgency involved as incumbent Chief Election Commissioner (CEC) Rajiv Kumar was set to retire next month and a new CEC will have to be appointed under the 2023 law, if the court didn’t intervene.
Executive controlling appointments of election commissioners is a threat to electoral democracy, Bhushan submitted
Bhushan said that the question is whether the appointment will have to be in terms of the judgment of the constitution bench, which set up a panel comprising the Prime Minister, the Leader of Opposition and the Chief Justice of India (CJI) to appoint the CEC and election commissioners (EC), or the new law, which has removed the CJI from the selection panel and comprises the Prime Minister, a union cabinet minister, the Leader of Opposition or the leader of the largest opposition party in Lok Sabha.
“Executive controlling appointments of election commissioners is a threat to electoral democracy. We are of the view that the government cannot remove the CJI from the selection panel which was directed to be formed by the Supreme Court on March 2, 2023,” Bhushan submitted.
Government did not remove basis of constitution bench judgement and enacted a new law: Sankaranarayanan
Senior advocate Gopal Sankaranarayanan, who appeared for one of the petitioners, said that the government did not remove the basis of the March 2, 2023 constitution bench judgement and enacted a new law.
It will be opinion of court versus legislative power to enact law: Apex Court
“It will be the opinion of the court under Article 141 versus legislative power to enact law,” the bench underscored.
The bench, while posting the matter for hearing on February 4, asked Bhushan and Sankaranarayanan to remind the judges on February 3 so that the matter is taken up the following day.
The petitioners challenging the 2023 law have argued that the provisions of the new law for appointment procedure of CEC, ECs are contrary to the verdict of the top court Constitution bench judgment, which had directed inclusion of the CJI in the panel to appoint the CEC and ECs.
The apex court earlier refused to stay the appointments of new ECs under the 2023 law.
