NEW DELHI, Feb 13: The new law, which calls for the Chief Election Commissioner and Election Commissioners to be appointed by a panel that does not include the Chief Justice of India, was not granted a stay of execution by the Supreme Court on Tuesday. The Association for Democratic Reforms, an NGO, filed a plea. A bench of Justices Sanjiv Khanna and Dipankar Datta noted the case for hearing in April along with other pending petitions on the subject. The bench sent notice to the Centre. The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, was challenged in court as not being constitutionally valid.Representing the NGO, attorney Prashant Bhushan argued that the statute goes against the ruling of the Supreme Court’s Constitution Bench, which stipulated that the CJI must be present on the committee that chooses the CEC and ECs. He stated that the request will become futile if the law’s implementation is not stopped and that two election commissioners are about to retire. Sorry, but we are unable to provide you with temporary relief in this case. The constitutional legitimacy debate is never settled. When Bhushan argued for an interim stay, the bench responded, “We know our parameters for granting interim relief.”The new law stipulates that the President will appoint the Chief Election Commissioner and other Election Commissioners upon the recommendation of a Selection Committee made up of the following members: (a) the Prime Minister, who will serve as Chairperson; (b) the Leader of the Opposition in the House of People, who will serve as Member; and (c) a Union Cabinet Minister, who will be nominated by the Prime Minister, who will serve as Member. According to the plea, the law was passed in 2023 in order to fill the void created by Article 324(2) of the Indian Constitution.“On the other hand, the challenged part reinstates the previous legal position, which states that the executive branch alone would appoint the Chief Election Commissioner and Election Commissioner. Prime Ministers and Union Cabinet Ministers who are nominated by the Prime Minister make up the majority of the selection committee, according to the statement.
