New Delhi, Mar 19 The Supreme Court on Wednesday fixed April 16 for hearing on a clutch of petitions challenging the law passed by the Parliament, which excludes the Chief Justice of India (CJI) from the process of appointment of top officials of the Election Commission.
A bench of Justices Surya Kant and N. Kotiswar Singh decided to defer the hearing for four weeks after advocate Prashant Bhushan, appearing on behalf of the Association for Democratic Reforms, an NGO, mentioned that the matter is listed at serial number 38 and is not likely to reach for hearing during the course of the day.
The Justice Kant-led Bench added that it would ensure that not many urgent cases are listed on the fixed date and the pleas challenging the validity of the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023 are listed high on board on April 16.
In March 2023, a Constitution Bench of the Supreme Court had held that the appointment of top officials of the Election Commission shall be done by the President on the advice of a panel comprising the Prime Minister, the Leader of the Opposition (LoP) in the Lok Sabha, and the Chief Justice of India (CJI).
"We declare that the appointment of the CEC and the other ECs shall be made on the recommendations made by a three-member Committee comprising the Prime Minister, LoP of the Lok Sabha and in case no LoP is available, the leader of the largest opposition party in the Lok Sabha in terms of numerical strength and the Chief Justice of India,” said the apex court, clarifying that its guidelines shall be in effect until Parliament makes a law in consonance with Article 324(2) of the Constitution.
After the apex court verdict, the Parliament introduced legislation providing that the Chief Election Commissioner (CEC) and the other Election Commissioners (ECs) will be appointed by the President on the recommendation of a Selection Committee consisting of the PM, the Leader of the Opposition (or the largest opposition party) in the Lok Sabha, and a Union Cabinet Minister to be nominated by the PM.
Several PILs were filed before the Supreme Court challenging the constitutional validity of the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023.
One of the pleas filed by a Noida-based lawyer sought directions to set aside the gazette notification issued by the Union government on December 28, 2023, and to include the Chief Justice of India in the selection committee for the appointment of the CEC and ECs. Further, it sought direction to the Union of India for implementing an independent and transparent system of selection constituting a neutral and independent selection committee for appointment of the CEC and other ECs.
On February 19, the hearing was adjourned by the Justice Kant-led Bench after Solicitor General Tushar Mehta requested to defer the proceedings as he was on his legs before the Constitution Bench dealing with the question of whether courts can modify arbitral awards under the provisions of the Arbitration and Conciliation Act, 1996.
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