SC to hear pleas challenging the Chief Election Commissioner and Other Election Commissioners Act, 2023 on March 15

Two pleas were filed in the Supreme Court earlier this year challenging validity of a new law on appointment of Chief Election Commissioner and Election Commissioners, enacted in December, 2023.

New Delhi: The Supreme Court on Wednesday said it would take up on March 15 a plea for making appointment on two vacant posts of Election Commissioners in accordance with a previous five-judge bench judgment by a panel also comprising Chief Justice of India.

Advocate Prashant Bhushan mentioned the plea on behalf of NGO Association for Democratic Reforms before a bench presided over by Justice Sanjiv Khanna.

The bench said the matter would be taken up on Friday.

"We got a message from the CJI. We will list it on Friday," the bench told Bhushan.

The plea by ADR stated the vacancies to the post of Election Commissioners have come at a crucial time for Indian democracy when General Elections are due to be announced on any day of March.

"Now, the Executive has the ability to appoint two Election Commissioners which can give an unfair advantage to the Executive. The role of the Election Commission is critical in ensuring free and fair elections and therefore, the appointments must also be seen to be fair and free from any bias or latches to the government," it said.

The plea sought a direction to stay the implementation of Section 7 of the Chief Election Commission and other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the CJI by a Union Minister in the panel.

It also sought a direction to the Union government to appoint the vacant positions of Election Commissioners till the pendency of the writ petition, in accordance with the selection committee laid down by this Court in 'Anoop Baranwal v. Union of India' (2023).

"The ruling government ought not have the dominant say in the appointment as not only the EC is responsible for conduct of free and fair elections but also renders an adjudicatory role between the various political parties," the plea said.

In order to ensure purity of the election process and for proper implementation of the rule of law, it is in the interest of justice that stay may be granted, it contended.

The NGO also pointed out this court has on innumerable occasions stayed legislative provisions pending challenges to their constitutional validity such as stay on Section 124A, IPC and appointment of members of tribunals.

Congress leader Jaya Thakur also filed a similar application for a direction to the Union government for appointment of two Election Commissioners as per the direction issued by the Constitution bench in 'Anoop Baranwal Vs Union of India' case.

The Supreme Court's Constitution bench had on March 2, 2023 ruled that the appointment of CEC and ECs would be made by the President on advice of a panel, comprising Prime Minister, Leader of Opposition and Chief Justice of India, until a law is put in place in this regard.

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 was passed in December, 2023, which came into effect from January 2, 2024.