THE JHARKHAND STORY DESK
New Delhi, Jan 12: The Supreme Court issued a notice to the central government on Friday regarding a set of petitions challenging a recent law that proposes the appointment of the Chief Election Commissioner (CEC) and other election commissioners through a panel that does not include the Chief Justice of India (CJI).
A panel of Justices Sanjiv Khanna and Dipankar Datta declined to stay the implementation of the law concerning the appointments to the election body.
The bench of Justices Sanjiv Khanna and Dipankar Datta sent a notice to the Center, seeking a response in April.
Plea by Congress leader Jaya Thakur
Congress leader Jaya Thakur, along with Sanjay Narayanrao Meshram, Dharmendra Singh Kushwaha, and advocate Gopal Singh from Madhya Pradesh, have approached the Supreme Court to challenge the recent law for appointing Chief Election Commissioners (CEC) and other Election Commissioners (ECs). This new law excludes the Chief Justice of India from the selection panel.
The panel instructed senior advocate Vikas Singh, representing Congress leader Jaya Thakur, who requested a pause of the new law, to provide a copy of the petition to the counsel representing the Centre.
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Singh expressed that the legislation was contrary to the fundamental concept of the separation of powers.
Nevertheless, the bench rejected the request to halt the enactment of the Act, asserting, “Stay will not be there. We can’t stay a statute like this. Notice we will issue.”
“We cannot stay a statutory amendment. Issue notice is returnable in April 2024,” Justice Khanna stated.
The Election Commissioners’ Act
The new legislation states that the “Chief Election Commissioner and other election commissioners shall be appointed by the President on the recommendation of a Selection Committee consisting of — (a) the Prime Minister — Chairperson; (b) the Leader of Opposition in the House of the People — Member; (c) a Union Cabinet Minister to be nominated by the Prime Minister — Member.”
The opposition has alleged that by excluding the Chief Justice of India from the selection panel, the central government has disobeyed the Supreme Court.
The Supreme Court had stated in its March 2023 ruling that the CJI, the prime minister and the leader of the opposition in the Lok Sabha would select the CEC and the ECs.
