Supreme Court Questions New Law on Election Commissioner Appointments
Wasn’t judgment on appointing CEC/ECs meant for short period until a law was in place, asks Supreme Court
The Indian Express
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The Supreme Court of India is reviewing the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, questioning whether it aligns with the principles established in a previous ruling. The court is considering if the new law should reflect temporary guidelines set until a formal law was enacted.
- 01Supreme Court is examining the 2023 law for appointing Election Commissioners.
- 02Concerns raised about the exclusion of the Chief Justice of India from the selection committee.
- 03Previous Supreme Court ruling emphasized the need for a law governing appointments.
- 04Arguments presented suggest no significant change in appointment processes post-2023 ruling.
- 05Legal experts argue that the new law should align with the Supreme Court's earlier judgment.
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The Supreme Court of India is deliberating on the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which has faced challenges regarding its compliance with earlier Supreme Court principles. Justice Dipankar Datta raised questions about whether the new law should adhere to the guidelines established in a previous ruling, which stated that appointments should be made by a committee including the Chief Justice of India. The 2023 Act, however, excludes the Chief Justice from the selection committee, comprising only the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition in the Lok Sabha. Senior Advocate Vijay Hansaria, representing Congress leader Jaya Thakur, argued that the appointment process remains under executive control, similar to prior arrangements. The court's earlier ruling in March 2023 had mandated that appointments should follow a specific process until a formal law was enacted, emphasizing the need for parliamentary involvement rather than executive dominance. Legal experts contend that the new law fails to reflect the Supreme Court's intent, and any substantial changes would require constitutional amendments.
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The outcome of this case could significantly affect the appointment process of Election Commissioners in India, ensuring greater neutrality and adherence to constitutional principles.
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