Supreme Court Refuses To Stay New Law Excluding CJI From Panel Selecting Election Commission Chiefs, Seeks Centre's Response

The Supreme Court on Friday (12 January) issued notice to the central government and the Election Commission of India (ECI) regarding a petition challenging the newly enacted law governing the appointment and service conditions of the Chief Election Commissioner (CEC) and other election commissioners.

While refusing to grant an immediate stay on the law, the bench directed the issuance of notice to the central government and other respondents, reported Bar and Bench.

The petition, filed by Congress leader Dr Jaya Thakur, challenges the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

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The recently passed law allows appointments to the positions of CEC and Election Commissioners by a selection committee comprising the prime minister, a union cabinet minister, and leader of the opposition in the Lok Sabha.

The petitioner argues that the provisions of the enactment violate the principle of free and fair elections as it lacks an "independent mechanism" for the appointment of ECI members.

Notably, it asserts that the law contradicts the Supreme Court’s judgment in the case of Anoop Baranwal v. Union of India and ors by excluding the Chief Justice of India (CJI) from the appointment process.

According to the petitioner, this exclusion dilutes the supreme court's judgment, making the prime minister and his nominee the "deciding factor" in appointments.

The petitioner's counsel also emphasised that the law goes against the principle of separation of powers.

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