SC to hear pleas on election commissioners' appointment process today
What's the story
The Supreme Court of India will hear petitions challenging the appointment process of the Chief Election Commissioner (CEC) and election commissioners (EC) under the Chief Election Commissioner and Other Election Commissioners Act, 2023, on Wednesday.
This comes after the Centre recently appointed Gyanesh Kumar as CEC.
He is set to serve till January 26, 2029.
Legal dispute
Petitions challenge exclusion of CJI from selection panel
The petitions challenge the 2023 Act, which excluded the Chief Justice of India (CJI) from the selection panel for appointing ECs.
The change was made despite a prior Supreme Court ruling that EC appointments should be made by a panel comprising the Prime Minister, Leader of Opposition, and CJI until a law was passed.
The petitioners argue that excluding the CJI defeats efforts to insulate the election commission from "political" and "executive interference."
Court assurance
'Government excluded CJI, made mockery of democracy': Bhushan
Representing the NGO Association for Democratic Reforms, lawyer Prashant Bhushan told Justices Surya Kant and N Kotiswar Singh that "the government excluded the CJI and made a 'mockery of democracy.'"
Advocate Varun Thakur, appearing for petitioner Jaya Thakur, said three appointments were made under this new law.
The bench assured Bhushan and other parties that it would prioritize these petitions after hearing some urgent matters.
Recent developments
New appointments and retirements under challenged law
Along with Kumar's appointment as CEC, Vivek Joshi was also appointed as an election commissioner. He will serve until 2031.
According to the law, a CEC or an EC retires at 65 or after six years on the poll panel.
Former IAS officers Kumar and Sukhbir Sandhu were recommended for EC appointments in 2024 by a selection panel headed by Prime Minister Narendra Modi under the new legislation.