The Supreme Court on Monday fixed February 12 to hear pleas against the appointment of the chief election commissioner and election commissioners under the 2023 law.
A bench of Justices Surya Kant and N Kotiswar Singh said it would decide the issue on merit and finally.
Advocate Prashant Bhushan, appearing for Association for Democratic Reforms NGO, said the matter was listed on February 4 but not likely to be heard due to other matters.
Bhushan, who referred to the superannuation of incumbent Chief Election Commissioner (CEC) Rajiv Kumar on February 18, said the matter required an urgent hearing as it was covered by the 2023 verdict of the Constitution bench.
He said the 2023 verdict ruled the election commissioners couldn’t only be appointed by the government, but by an independent committee comprising the Prime Minister, Leader of Opposition and Chief Justice of India or else it would be a threat to the electoral democracy.
“They have brought an Act by which they have removed the chief justice and brought in another minister, effectively making the commissioners appointment only at the pleasure of the government. That’s precisely what the Constitution bench said that it is opposed to the level-playing field and our electoral democracy. You need to have an independent committee to appoint the election commissioners,” said Bhushan.
Advocate Varun Thakur, appearing for petitioner Congress’ Jaya Thakur, said they had moved the application seeking a direction to the Centre that the appointment of the CEC should be made as per the March 2, 2023 verdict of the Constitution bench.
Solicitor general Tushar Mehta for the Centre opposed Bhushan’s submission and his request for an interim order.
Another bench of the apex court refused to pass an interim order, said Mehta.
He said the Centre was ready for arguments in the matter and court could fix it for a final hearing.
On January 8, the top court said it would be the court’s opinion versus the legislative power to enact a law and agreed to adjudicate the issue.
On March 15, 2024, the top court refused to stay the appointments of new ECs under a 2023 law which excluded the CJI from the selection panel and deferred the hearing on a batch of pleas challenging the appointments.
The apex court told the petitioners the March 2, 2023 verdict directed for the three-member panel comprising the Prime Minister, Leader of Opposition and the CJI to operate till Parliament enacted a law.
The NGO challenged the CJI’s exclusion and contended the election commission should be insulated from “political” and “executive interference” for maintaining a healthy democracy.
ADR’s plea alleged the verdict was overruled by the Centre without removing its basis and the composition of the selection committee under the new law which amounted to excessive interference of the executive in the appointments and was detrimental to the independence of the poll panel.
Former IAS officers Gyanesh Kumar and Sukhbir Sandhu were recommended to be appointed as ECs in 2024 by a selection panel chaired by Prime Minister Narendra Modi under the new law.
The NGO challenged the validity and sought a stay on the operation of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which excluded the CJI.
The apex court’s March 2, 2023 verdict held that leaving the appointment of the ECs and CEC in the hands of the executive would be detrimental to the health of the country’s democracy and the holding of free and fair elections.
Thakur sought to restrain the Centre from appointing new ECs under the 2023 law while challenging its provisions. (Agencies)
