Supreme Court refuses to stay new law on appointment of CEC, ECs, issues notice to Centre

Supreme Court has refused to stay the operation of Election Commissioners Act, 2023 and sought response from Centre in April. The Supreme Court has issued notice to Centre on pleas challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which dropped the Chief Justice of India from the selection panel of election commissioners.

What is the Election Commissioners Act, 2023?

Earlier, on December 28 last year, the President gave assent to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023.

Notably, on December 21, the Loksabha passed a bill to regulate the appointment and service terms of the Chief Election Commissioner (CEC) and election commissioners, with Law Minister Arjun Meghwal stating that legislation has been brought following a judgement of the Supreme Court.

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was passed by the Lok Sabha after a brief debate. It was passed by the Rajya Sabha on December 12.

The bill provides for the appointment, qualifications, search committee, Selection Committee, term of office, salary, resignation and removal, leave, and pension of the Chief Election Commissioner and other election commissioners.

The Supreme Court, on March 2, 2023, in response to a writ petition, directed that the appointment of CEC and ECs shall be made by the President based on advice tendered by a committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha or leader of the largest opposition party in the House and the Chief Justice of India. Meghwal said judgment had noted that the norm provided by the Supreme Court will continue to hold good till a law is made by the Parliament.

(With ANI inputs)