Congress leader Jaya Thakur moves SC challenging exclusion of CJI from selection committee for CEC, EC appointment
Jan 02, 2024
New Delhi [India], January 2 : Congress leader Jaya Thakur on Tuesday approached the Supreme Court challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which dropped the Chief Justice of India from the selection panel for election commissioners.
The petition filed by Jaya Thakur and Sanjay Narayanrao Meshram stated that the provisions of the enactment are violative of the principle of free and fair elections since it does not provide an "independent mechanism" for appointment of the members of the Election Commission of India (ECI).
The petition said the Act excludes the Chief Justice of India from the process of appointment of the members of ECI and it's in violation of the March 2023 verdict of the top court which had ordered that the appointment of members of the ECI be done on the advice of a committee comprising the Prime Minister, the CJI and the Leader of Opposition in Lok Sabha till a law is made by the Parliament.
By excluding the CJI from the process, the judgement of the Supreme Court stands diluted as the Prime Minister and his nominee will always be "the deciding factor" in the appointments.
It said, "Act diluted the judgment passed by this Court and nullified the Committee by excluding the Chief Justice of India. It is further submitted that various State institutions supporting constitutional democracy have an independent mechanism for the appointment of its heads and members. The same is carried out with an object to keep them insulated from any external influence that allows them to remain neutral to carry on the assigned functions."
The petition in particular challenged Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The provisions lay down the procedure for the appointment of ECI members.
Another petition was also filed in the apex court seeking direction to the Union of India to implement an independent and transparent system of selection constituting a neutral and independent selection committee for the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
