The Supreme Court on Wednesday gave a divided verdict on the 2023 law related to the appointment of the Chief Election Commissioner (CEC) and Election Commissioners. The two-judge bench had to decide whether the case should be sent to a five-judge bench or not. Justice Dipankar Dutta rejected the proposal to send the case to a larger bench. Justice SC Sharma approved this proposal. In the petitions challenging this law, questions have been raised on the removal of the Chief Justice of India (CJI) from the appointment panel. The petitions have challenged the validity of the 2023 law, which relates to the appointment of CEC and Election Commissioners. In this law, CJI was removed from the selection panel appointing Election Commissioners. Centre’s argument – It is wrong to assume that the Prime Minister and ministers will work with ‘bad intentions’. While defending this law, the Center argued in the Supreme Court – It would be wrong to assume that because of numerical strength in the selection committee, the Prime Minister and ministers will work with ‘bad intentions’ or go against democracy. On behalf of the Centre, Solicitor General Tushar Mehta told the bench of Justice Dipankar Dutta and Justice Satish Chandra Sharma that if the Prime Minister’s decision is not considered trustworthy, then will he be given the condition of taking advice from a former judge or outsider even while choosing the cabinet? There is no question of trusting the Prime Minister here: On the argument of Court Solicitor General Tushar Mehta, Justice Dutta said that there is no question of the court not trusting the Prime Minister. He said- Why won’t we trust the Prime Minister? Will definitely do. He also reminded that earlier too the Supreme Court had expressed confidence in the Prime Minister that people with criminal background would not be made ministers. Justice Dutta said that the real issue is that the Election Commissioner should be an independent person. He asked whether there should not be such people in the selection committee who can show impartiality. We are not saying that this committee did not achieve impartiality, but now the situation is 2:1. Two on the Prime Minister’s side and one on the opposition’s side. There is controversy over keeping the CJI out of the selection process. This law was passed by the Parliament in December 2023 and got the approval of the President on 29 December 2023. The petitioners say that this law is against the 2023 decision of the Supreme Court, as it excludes the Chief Justice of India (CJI) from the process of appointing election commissioners. Who are in the selection committee under the new law? According to the 2023 law, the selection committee for appointment of the Chief Election Commissioner and Election Commissioners consists of the Prime Minister, a Union Minister nominated by the Prime Minister, and the Leader of the Opposition in the Lok Sabha (or the leader of the largest opposition party).
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चुनाव आयुक्तों की नियुक्ति, सुप्रीम कोर्ट का फैसला बंटा: एक जज केस पांच जजों की बेंच को भेजने के पक्ष में, दूसरे ने विरोध किया
