Supreme Court Reviews Exclusion of Chief Justice from Election Commission Selection Panel
Supreme Court examines validity of excluding CJI from Election Commission selection panel
Hindustan Times
Image: Hindustan Times
The Supreme Court of India is reviewing the legality of a new law that excludes the Chief Justice of India (CJI) from the selection panel for the Chief Election Commissioner (CEC) and other election commissioners. The law, enacted in 2023, has sparked petitions arguing it undermines the independence of the election commission.
- 01The Supreme Court is examining the legality of the 2023 law excluding the CJI from the selection panel for election commissioners.
- 02Petitioners argue that the law undermines the independence of the Election Commission.
- 03The Supreme Court's 2023 judgment previously mandated the CJI's inclusion in the selection process.
- 04The new law replaces the CJI with a Union Cabinet minister in the selection committee.
- 05The court acknowledged the importance of the issue and will continue hearings.
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On Wednesday, the Supreme Court of India began examining petitions challenging the validity of the CEC and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This law has replaced the Chief Justice of India (CJI) with a Union Cabinet minister in the selection committee for the Chief Election Commissioner (CEC) and other election commissioners, a change that petitioners argue undermines the independence of the Election Commission. The court noted that its 2023 judgment had previously mandated the inclusion of the CJI in this process to fill a legal vacuum, and the petitioners contend that the new law contradicts this ruling. The bench of justices Dipankar Datta and SC Sharma emphasized the importance of the issue and agreed to hear further arguments, as the petitioners claim that the law allows the government too much control over the selection of these critical positions. The Solicitor General, Tushar Mehta, defended the law, suggesting that criticisms of the selection process do not invalidate its legitimacy. The court has adjourned the matter to continue hearings on Thursday.
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The outcome of this case could significantly affect the independence of India's electoral process, impacting how election commissioners are appointed.
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