SC starts hearing on validity of law for selection of CEC, ECs

NEW DELHI: SC Wednesday commenced hearing on the validity of the law for appointment of CEC, ECs by a panel of PM, a Union cabinet minister and LoP, while the apex court had in 2023 suggested that the committee comprise PM, LoP and CJI, even as it left the issue for Parliament to decide.

Appearing before a bench of Justices Dipankar Datta and Satish Chandra Sharma, advocates Vijay Hansaria and Gopal Sankaranarayanan contended that SC’s 2023 verdict was meant to bring an end to the executive’s prerogative in appointments of chief election commissioner (CEC) and election commissioners (ECs) by appointing a panel consisting of the PM, the leader of opposition (LoP) and the CJI, but the law seeks to undo the verdict by restoring the Centre’s exclusivity in the decision-making process, as two out of three members are from govt.

They emphasised that the independent authority must be manned by independent people and not by govt’s men. The advocates were referring to the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which excludes the CJI from the appointment panel.

The bench, however, said that the 2023 verdict pointed out that its order was to be followed till the law is framed and added how could the court now interfere after the law has been passed. The lawyers, however, contended that the ratio of the judgment cannot be undone by Parliament.

Hansaria also submitted that the role of Election Commission has come under criticism and said it was unfortunate that slogan shouting was being done by political parties on a public platform. Solicitor general Tushar Mehta, appearing for the Centre, however, countered him and said that if abusive language is used against a judge, then should that mean the collegium system for the appointment of judges needs to be changed.