Centre defends appointment of 2 new ECs under new law
The Centre has filed an affidavit in the Supreme Court in response to pleas seeking a stay on the appointments of two election commissioners under the Chief Election Commissioner and Other Election Commissioners Act, 2023. It argued that objections to the legislation are "created on basis of unsupported and pernicious statements" and are driven by political agendas. To back up their claim, the government stated that no complaints were raised concerning the competency or qualifications of the new election commissioners.
Why does this story matter?
An NGO filed a plea contesting the exclusion of the chief justice of India (CJI) from a panel responsible for selecting the chief election commissioner (CEC) and election commissioners. This came after bureaucrats Sukhbir Singh Sandhu and Gyanesh Kumar were chosen to fill two vacant positions in the Election Commission of India (ECI). Their appointments, made by a panel led by Prime Minister Narendra Modi, were the first such appointments since the enactment of the new law.
CEC Act removes CJI from EC selection panel
The CEC Act removes the CJI from a high-level panel responsible for selecting Election Commission members. Last year, a Constitution bench of the Supreme Court declared that a committee comprising the CJI, the PM, and the Leader of the Opposition must suggest the appointment of top election officials. Months later, the government introduced the CEC Act, which removed the CJI from the selection panel. The removal of the CJI has raised concerns that the government can arbitrarily pick nominees.
Government defends the CJI's removal
However, the government defended the CJI's removal, claiming that officials in such high positions are "presumed to act fairly." The SC is currently reviewing petitions challenging the exclusion of the CJI from the panel appointing election commissioners. The most recent petition against the CEC Act was lodged by the Association for Democratic Reforms (ADR), an impartial, non-political, non-profit organization. ADR has requested a suspension of Section 7 of the 2023 Act until its legality is determined.
