A new petition has been filed in the Supreme Court challenging the government’s power to appoint the Chief Election Commissioner (CEC) and Election Commissioners (ECs) under the recently enacted law. The plea, submitted by Congress leader from Madhya Pradesh, Jaya Thakur, urges the court to direct the appointment of Election Commission members in accordance with the Constitution Bench’s decision.
Deepening Crisis Following Election Commissioner’s Resignation
The issue has intensified following the resignation of Election Commissioner Arun Goel. The case challenging the central government’s new law regarding the appointment of the CEC and ECs is pending before the Supreme Court. Currently, there’s a possibility of appointing two new Election Commissioners by March 15, with a selection committee meeting scheduled for either March 13 or 14. The committee, led by Union Law Minister Arjun Ram Meghwal and including the Cabinet Secretaries of the Home and Personnel & Training departments, will prepare two separate panels with five names each for both positions. The final selection, to be made by a committee chaired by Prime Minister Narendra Modi, also includes a Union Minister and the Leader of the Opposition in the Lok Sabha, Adhir Ranjan Chowdhury. The selection will be subject to the President’s official appointment. After Arun Goel’s resignation, Chief Election Commissioner Rajiv Kumar is the sole member remaining in the three-member Election Commission panel, as Election Commissioner Anup Chandra Pandey retired on February 14 upon reaching the age of 65.
Supreme Court’s Stand on New Law
On February 13, the Supreme Court refused to impose an interim stay on the new law concerning the appointments but issued a notice to the Centre seeking a response. The case was linked with other pending cases. The petitioner, Association for Democratic Reforms (ADR), represented by Prashant Bhushan, argued for a stay on the new law, highlighting the urgency due to an impending appointment. However, Justice Sanjeev Khanna noted that the law could not be stayed in this manner, suggesting that the case could be linked with other petitions.
Previously, on January 12, the Supreme Court declined to stay the new law but agreed to examine it, issuing notices to the central government and the Election Commission. The hearing for this case is scheduled for April.
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Jaya Thakur’s Petition Challenges New Law
Congress leader Jaya Thakur’s petition contends that the law passed by Parliament is unconstitutional and seeks to halt the amendments. The petition challenges the new law regarding the appointment of the CEC and ECs, arguing for its annulment. The plea also requests the inclusion of the Chief Justice of India in the appointment panel, in line with a previous Supreme Court ruling which stated that the appointment panel should include the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice, until a specific law is enacted. Following this ruling, the central government’s new law reversed the Supreme Court’s decision by removing the CJI from the selection panel and replacing it with the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Minister nominated by the Prime Minister.
