SC adjourns pleas challenging law on Election Commissioners' appointment

A bench of Justices Surya Kant and Joymalya Bagchi said it would hear the matter on November 11.

The matter could not be taken up due to a paucity of time.

Advocate Prashant Bhushan, appearing for the NGO Association for Democratic Reforms (ADR), mentioned the case before the bench, saying the matter has been listed from time to time, but has not been heard.

Justice Kant said that the matter may be mentioned on the morning of November 11, so that the bench can adjourn non-urgent matters on that day.

The matter has been adjourned several times.

In 2024, the apex court declined to put on hold the appointment of two Election Commissioners under the Chief Election Commissioner and Other Election Commissioners Act, 2023.

The pleas were filed in the apex court seeking a stay on the Act by the Association for Democratic Reforms (ADR) and Jaya Thakur (General Secretary of the Madhya Pradesh Mahila Congress Committee), as well as by Sanjay Narayanrao Meshram, Dharmendra Singh Kushwaha, and advocate Gopal Singh.

The pleas challenged the Election Commissioners' law that has dropped the Chief Justice of India from the selection panel for appointing the CEC and other Election Commissioners (ECs).

The petitions stated that the provisions of the enactment are violative of the principle of free and fair elections, as it does not provide an "independent mechanism" for the appointment of members of the Election Commission of India (ECI).

The petitions 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 2, 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 judgment of the Supreme Court stands diluted as the Prime Minister and his nominee will always be "the deciding factor" in the appointments, said the petitions.

The petitions, 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.

They sought direction to the Centre to include the Chief Justice of India in the selection committee for the appointment of the CEC and ECs, which currently comprises the Prime Minister, the Leader of the Opposition in Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

The Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. (ANI)