The Supreme Court has agreed to consider a petition challenging the exclusion of the Chief Justice of India from the panel responsible for selecting election commissioners. Advocate Prashant Bhushan, representing the petitioner Association for Democratic Reforms (ADR), was informed by Justice Sanjeev Khanna that the Chief Justice has acknowledged the matter and it will be scheduled for hearing on March 15, Friday.
This development arises amid a critical juncture for the election commission, with two vacancies for top officers. Following the recent resignation of Election Commissioner Arun Goel and the retirement of his colleague Anup Chandra Pandey last month, Chief Election Commissioner Rajiv Kumar stands as the sole member on the panel.
The selection panel under the new legislation has the prime minister, a Union minister and the Leader of the opposition as its members.
A search committee led by Law Minister Arjun Ram Meghwal is preparing two panels of five names each for the vacant posts. Subsequently, the selection committee led by Prime Minister Narendra Modi, along with a Union Minister and Leader of the Congress in Lok Sabha Adhir Ranjan Chowdhury, will finalise the appointments, with a meeting expected today or tomorrow and appointments potentially made by Friday.
The petition filed by ADR sheds light on the appointment rules for Election Commissioners. Last year, a Supreme Court Constitution bench ruled that top poll officials should be appointed based on recommendations from a committee comprising the Chief Justice of India, the Prime Minister, and the Leader of the Opposition in Lok Sabha.
However, the passage of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, by Parliament altered this, removing the Chief Justice of India from the selection panel and replacing them with a Union Minister, thus increasing Executive influence.
ADR”s petition challenges this change, with Congress leader Jaya Thakur also contesting the law in the Supreme Court. While the Supreme Court refused to halt appointments under the new law last month, it sought the Centre”s reply to the petition challenging the new process.
The matter has gained traction following Goel”s resignation, drawing criticism from the Opposition for what they claim is a “systemic decimation” of government institutions. Just days before the poll panel was set to announce the schedule for the Lok Sabha elections, Arun Goel resigned last Friday, marking the second resignation by an election commissioner under the Modi government.
This follows Ashok Lavasa”s resignation as election commissioner in August 2020. Lavasa had submitted dissent notes regarding several decisions made by the Election Commission concerning violations of the model code of conduct during the previous Lok Sabha polls.
