Government Responds on Excluding Chief Justice from Election Commissioner Appointment Panel

The Central Government has filed an affidavit in the Supreme Court clarifying its stance on the Central Chief Election Commissioner (CEC) and other Election Commissioners Act, 2023, amid petitions seeking a stay on the new law for appointments.

Transparency Not Solely Dependent on Judicial Member’s Presence

In its affidavit, the government opposed applications demanding a stay on the laws related to the appointment of Election Commissioners. It argued that the independence of the Election Commission, or any other organization or authority, cannot be ensured solely by the presence of a judicial member in the selection committee. According to the government, accountability for transparency does not rest with the judicial member in the panel.

Law in Accordance with Supreme Court Principles

The government stated in the affidavit that the Chief Election Commissioner and other Election Commissioners (Appointment Conditions and Terms of Office) Act, 2023, protects the high constitutional institution of the Election Commission. The law fosters a more democratic, participatory, and legal mechanism for the functioning of the Commission. The government claimed that the law was formulated in accordance with the principles laid out in Supreme Court rulings.

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