SC fixes February 12 to hear case against CEC, ECs appointments under new law

New Delhi: The Supreme Court has scheduled February 12 to hear petitions challenging the appointment of election commissioners under the 2023 law, with the bench emphasising it would decide the issue on merit and with finality.

Advocate Prashant Bhushan, representing the Association for Democratic Reforms (ADR), highlighted the urgency of the matter, noting the impending superannuation of incumbent Chief Election Commissioner (CEC) Rajiv Kumar on February 18.

Bhushan criticised the new law, arguing that it contradicts the Supreme Court’s previous verdict. “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,” he stated.

The core contention revolves around the composition of the selection panel. The previous Supreme Court verdict on March 2, 2023, mandated an independent committee comprising the Prime Minister, Leader of Opposition, and Chief Justice of India to appoint election commissioners.

The new law excludes the Chief Justice of India from the selection panel, which the NGO argues threatens electoral democracy. ADR’s plea alleges the law amounts to excessive executive interference in the appointment process.

Advocate Varun Thakur, representing the Congress party, sought directions to the Centre to make CEC appointments in line with the March 2023 verdict.

Solicitor General Tushar Mehta opposed the interim order requests, stating the Centre is prepared for arguments and ready for a final hearing. On March 15, 2024, the top court had already refused to stay the appointments of new Election Commissioners. Former IAS officers Gyanesh Kumar and Sukhbir Sandhu were recommended for appointment by a selection panel chaired by Prime Minister Narendra Modi under the new law.

The apex court’s previous verdict emphasised that leaving EC appointments to the executive would be detrimental to the country’s democratic process and the conduct of free and fair elections.