सुप्रीम कोर्ट में 2023 के चुनाव आयोग नियुक्ति कानून को बड़े बेंच में भेजने को लेकर दो राय

IndiaSC delivers split verdict on plea seeking Constitution Bench reference for Challenge to CEC, ECs Appointment Act

The bench differed on whether challenges to the 2023 law should be referred to a Constitution Bench; matter will now go before the CJI for administrative directions.

NEW DELHI: The Supreme Court on Wednesday delivered a split verdict on hearing a batch of pleas whether the 2023 law replacing CJI with a Union Cabinet Minister in the panel to appoint Election Commissioners should be referred to a larger five-judge bench.

The bench headed by Justice Dipankar Datta and Justice Satish Chandra Sharma could not reach on an unanimous decision on larger bench reference for ECI law.

Justice Datta rejected the reference to larger bench, while Justice Sharma allowed the reference.

Justice Sharma disagreed with Justice Datta’s opinion that the ECI appointments challenge said, the matter deserves consideration by a Constitution Bench.

Now the matter will be placed before the Chief Justice, who will decide on an administrative side, assign or constitute a larger bench to decide the fate of the case.

The apex court had on July 30 reserved its judgment on whether the pleas challenging the law for regulating appointment procedures of the chief election commissioner (CEC) and the deputies need to be referred to a larger five-judge bench.

The bench had asked the petitioners and the Centre to file written submissions on the issue.

The apex court had reserved the verdict after hearing the batch of pleas challenging the validity of the 2023 law on appointment of Election Commissioner by a panel headed by the Prime Minister and excluding the Chief Justice of India (CJI).

This act had been challenged before the top court by various petitioners, including that of Association for Democratic Reforms (ADR), Dr. Jaya Thakur (General Secretary of the Madhya Pradesh Mahila Congress Committee), Sanjay Narayanrao Meshram, Dharmendra Singh Kushwaha, advocate Gopal Singh.

It is to be noted that the new election commissioners' law has dropped CJI from the selection panel for appointing CEC and other ECs, forcing the petitioners to knock the doors of the Apex court seeking appropriate directions and to include the CJI in the selection panel.

The PIL (Public Interest Litigation) filed by ADR, challenged the constitutional validity of Chief Election Commissioner and Other Election Commissioners Act, 2023.

The PIL said that the Act allows Executive to dominate the matter of appointment of Election Commission members, threatening democracy.

The law allows appointment to the posts of CEC and Election Commissioners by a Selection Committee comprising the Prime Minister (PM), a Union Cabinet Minister and the Leader of Opposition (LOP) in Lok Sabha. It excludes CJI in the panel.

The New Indian Express

www.newindianexpress.com

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