Election Commissioners Selection Committee: Congress Leader Moves SC Seeks Inclusion of CJI in ECSC
(Judicial Quest News Network)
A Public Interest Litigation (PIL) has been moved in Supreme Court on Tuesday seeking a direction to the Union Government of India to implement an independent and transparent system of selection.
The recently enacted law to govern the appointment and service conditions of the Chief Election Commissioner (CEC) and other Election Commissioner has deliberately excluded the CJI from the panel of selection.
The petitioner contended that the impugned section 7 of THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS OF SERVICE AND TERM OF OFFICE) ACT, 2023 is diluting the judgements passed by 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 it heads and members. The same is carried out with an object to keep them insulated from any external influence that allows neutral to carry on them to remain the assign functions.
The plea moved by Congress leader Dr. Jaya Thakur and Sanjay Narayanrao Meshram contends thatthe provisions of the enactment, are violative of the principle of free and fair elections since it does not provide an “independent mechanism” for appointment of the members of ECI.
The PIL sought directions to set aside the December 28,2023 government notification for the appointment of CEC and ECs.
The essential legal question placed before the court’s consideration in the present plea revolves around the constitutional inquiry of whether the Parliament or any legislative assembly possesses the authority to promulgate a gazette notification or ordinance to invalidate or amend a verdict earlier delivered by the Court, particularly when the judgement comes from a constitutional bench of the Apex Court the plea stated.
The petition states that by excluding the CJI form the process, the judgement of the Supreme Court stands diluted as prime minister and his nominee will always be “the deciding factor” in the appointments.
“This Hon’ble Court also settled the law in Dr. Jay Thakur Versus Union of India… that mandamus issued by the Hon’ble Court cannot be overruled by the legislature and separation of power is also basic structure of the Constitution. The plea contends.
It is also submitted that the practice of appointing the members to the election Commission without making law for adopting fair, just and transparent selection process by constituting an independent and neutral collegium/Committee for recommendation of the name, is violative of Article 14 and 342(2) of the Constitution of India.
The writ petition has been drawn by Advocate Anjale Patel and filed through Advocate-on-RecordSanjeev Malhotra.
