Supreme Court to hear pleas challenging validity of law on appointment of CEC, ECs on February 4

New Delhi: The Supreme Court decided to hear petitions challenging the appointment of the chief election commissioner (CEC) and election commissioners (EC) under the 2023 law.

The matter will be heard on February 4.

A bench of Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan were told by advocate Prashant Bhushan, representing an NGO, that the incumbent CEC Rajiv Kumar will superannuate on February 18, and a new CEC will be appointed under the new law.

He sought court’s intervention into the matter.

The counsel submitted that the top court in its March 2023 verdict had set up a panel comprising the prime minister, the leader of opposition and the CJI to appoint the CEC and ECs.

In December 2023, Centre enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

The new law has replaced the Chief Justice of India by a minister on a panel to be set up for the purpose of selecting the CEC and ECs, which was directly in conflict with a judgment delivered by the apex court.

Bhushan said they have removed the CJI from the selection committee and the committee will comprise the PM, a Union cabinet minister, the Leader of Opposition or the leader of the largest opposition party in Lok Sabha.

Senior advocate Gopal Sankaranarayanan, representing one of the petitioners’, contended that the government did not remove the basis of the March judgment, and enacted a new law. Bhushan stressed that it would be a threat to democracy if the government were to control the appointment of election commissioners.

"It will be the opinion of the court under Article 141 versus legislative power to enact law," the bench said, while fixing the matter for further hearing on February 4.

In March, 2024, the apex court had declined to stay the appointments of new ECs under the new law.

In its judgment on March 2, 2023, the Supreme Court's Constitution bench had declared that the appointment of Chief Election Commissioner and Election Commissioners 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.