New Delhi: Supreme Court takes tough stand on the process of appointment of Election Commissioners, rejects Centre’s plea to postpone the hearing.
The Supreme Court of India has categorically refused to adjourn the hearing on petitions challenging the controversial 2023 law relating to the appointment of the Chief Election Commissioner and other Election Commissioners. During Wednesday’s proceedings, Solicitor General Tushar Mehta, representing the central government, sought time citing his preoccupation with other constitutional matters, a request that was flatly rejected by a bench of Justices Dipankar Datta and Satish Chandra Sharma. The court, underscoring the gravity of the matter, stated that the issue is crucial to the nation’s democratic structure and cannot be left pending for other work. The bench categorically directed that other lawyers representing the central government prepare notes of the proceedings, but that the pace of the hearing should not be disrupted.
When the Solicitor General informed the court that he was busy before a larger nine-judge bench dealing with the Sabarimala case, Justice Datta emphasized the paramount importance of the matter. The bench remarked that this issue, concerning the autonomy of an institution like the Election Commission, carries more weight than any other legal debate. The court also issued strict instructions to the petitioners to complete all their arguments and debates by Thursday. This firm stance by the court makes it clear that it wants to reach a logical conclusion as soon as possible on the legality of the changes in the selection process of Election Commissioners, so as to put an end to the questions being raised about electoral fairness.
A significant turning point in this crucial hearing came on March 20th when Chief Justice Surya Kant recused himself from hearing the case. He cited moral grounds and conflict of interest as the petitions directly challenged the selection committee’s decision to remove the CJI. The Chief Justice believed that since the question involved retaining or removing his own role (the dignity of the office of CJI) in the law, it would not be appropriate for him to serve on the bench under the principle of impartiality. This sensitive issue is currently being handled by a bench headed by Justice Dipankar Datta, which is examining the nuances of the law with complete transparency.
The core of the controversy is a new law passed by Parliament in December 2023, which overturns a landmark Supreme Court decision from March 2023. The Supreme Court had previously ruled that Election Commissioners should be selected by a tripartite committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. However, under the new law, the Chief Justice has been removed from the committee and replaced by a Cabinet Minister nominated by the Prime Minister. The petitioners argue that this new structure will increase the dominance of the ruling party in the selection process, which is likely to adversely impact the independent functioning and impartiality of the Election Commission. The court is now reviewing the law to address this constitutional concern.
