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"The functioning of the the Election Commission greatly determines the quality of governance and strength of democracy and in view of the great constitutional importance of the Election Commission, the fairness and transparency in the mode of the procedure of appointment of the Chief Election Commissioner and its members becomes very crucial,” the petition states
The Supreme Court today issued notice in the petition filed under Article 32 seeking to declare Section 7 and 8 of THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS OF SEVICE AND TERM OF OFFICE) ACT, 2023 as ultra vires under Articles 14, 21, 50 and 324 of the Constitution of India.
However, the top court has refused to stay the impugned laws whereby the Committee for the appointment of an Election Commissioner excludes the Chief Justice of India.
A bench of Justices Sanjiv Khanna and Dipankar Datta has issued notice in the plea making it returnable in April 2024.
As per the said Sections appointment to the posts of Chief Election Commissioner and the Election Commissioners shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister.
Congress Leader Jaya Thakur has filed the instant plea stating that the provisions are in direct contravention to the March 2023 direction of a Constitution Bench in Anoop Baranwal vs. Union of India, wherein it was ordered that the appointment of an Election Commissioner shall be on the recommendation of a committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha, and the Chief Justice of India.
It is Thakur's case that the aforementioned sections are diluting the judgments passed by the Supreme Court and nullify 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 plea states.
Court has been further told that said provisions clearly shows that the government is compromising free and fair election as the CJI has been excluded and the Prime Minister and his nominee will always be the deciding factor for all the appointment done through ruling party.
Notably, in the Anoop Baranwal judgment, Justice KM Joseph, heading the constitution bench had clarified that the committee propounded by it will function till the time Parliament enacts a law in this regard.
The Constitution Bench also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar made these directions in a batch of petitions recommending reform in the process of appointment of members of the Election Commission of India.
Case Title: Dr Jaya Thakur and Anr vs. Union of India and Anr.
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