New Delhi: Congress leader Jaya Thakur approached the Supreme Court
New Delhi: Congress leader Jaya Thakur on Tuesday approached the Supreme Court challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which removed the Chief Justice of India from the selection panel of election commissioners. The petition, filed by Jaya Thakur and Sanjay Narayanrao Meshram, said the provisions of the Act are violative of the principle of free and fair elections as it does not provide for an “independent mechanism” for the appointment of members of the Election Commission of India (ECI). , The petition said the Act excludes the Chief Justice of India from the process of appointing ECI members and is in violation of the March 2023 judgment of the top court which had ordered that the appointment of ECI members would be done on advice.
Till a law is made by Parliament, a committee consisting of the Prime Minister, CJI and the Leader of Opposition in the Lok Sabha will be formed. By excluding the CJI from the process, the Supreme Court’s decision will be weakened as the Prime Minister and his nominees will always be the “deciding factor” in appointments. It said, “The Act dilutes the judgment passed by this Court and supersedes 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 appointment of their heads and members. The same is done with the aim of keeping them isolated from any external influence which allows them to remain neutral in carrying out the tasks assigned to them.” The petition specifically challenges Sections 7 and 8 of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The provisions set out the procedure for appointment of ECI members. Another petition was also filed in the apex court seeking to implement a free and transparent system of selection by constituting a neutral and independent selection committee for the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (EC). A demand was made to give instructions to the Union of India. ,
