SC Refused To Stay New Law On Appointed Of CEC, ECs: Issues Notices 

Delhi/Hyderabad, Feb 13 (Maxim News): The Supreme Court on Tuesday refused to stay the operation of the new law that provides for the appointment of the Chief Election Commissioner and Election Commissioners by a panel that does not include the Chief Justice of India.

Click Here To Join Us On WhatsApp

A bench of Justices Sanjiv Khanna and Dipankar Datta issued notice to the Centre on a plea filed by an NGO, the Association for Democratic Reforms. and listed the matter along with other pending petitions on the issue for hearing in April. 

The plea challenged the constitutional validity of the Chief Election Commissioner and other Election Commissioners (Appointment, conditions of Service and Term of Office) Act, 2023.  advocate Prashant Bhushan, appearing for the NGO, submitted the law is contrary to the constitutional bench judgment of the apex court which had directed that the CJI be there on the panel that would appoint the CEC and ECs.

Click Here To Join Us On WhatsApp

He said two election commissioners are about to superannuate, and if the operation of the law does not stay, the plea will become infructuous. 

“Sorry, we cannot grant you interim relief in the matter.  The matter of constitutional validity never becomes infructuous.  We know our parameters for granting interim relief, the bench told Bhushan, when he insisted on an interim stay.

Click Here To Join Us On WhatsApp

The new law states, “Chief Election Commissioner and other Election Commissioners shall be appointed by the president on the recommendation of a Selection Committee consisting of (a) the Prime Minister- Chairperson (b) the leader of Opposition in the House of the people – Member, (c) a Union Cabinet Minister to be nominated by the Prime Minister – Member.  The plea said the law was enacted in 2023 to fill the vacuum under Article 324(2) of the constitution of India. 

“However, the impugned section restores the earlier position of law i.e. appointment of Chief Election Commissioner and Election Commissioner would be done solely by the executive.  The selection committee is dominated by the members from the executive i.e. Prime Minister and Union cabinet Minister to be nominated by the Prime Minister, it said.  (Maxim News) 

---

Next Story :

Now you can get the latest stories from Indtoday on Telegram every day. Click the link to subscribe.  Click to follow Indtoday’s Facebook page, Twitter and Instagram. For all the latest Hyderabad News updates