Supreme Court to Hear Petitions on CEC Appointment Process
NEW DELHI: Following the appointment of Gyanesh Kumar as the Chief Election Commissioner (CEC), the Supreme Court announced plans to conduct a final hearing regarding petitions challenging the recent changes to the selection process of the CEC and Election Commissioners (ECs).
Legal Controversy Surrounding CEC Selection
The new law, enacted by Parliament, controversially replaced the Chief Justice of India with a Cabinet minister in the panel responsible for selecting the CEC and ECs. Advocate Prashant Bhushan urged the bench of Justices Surya Kant and N K Singh to prioritize the hearing, emphasizing the importance of this matter for ensuring **free and fair elections**.
While the bench did not grant a specific request for urgency, they confirmed that the petitions would be heard. The significance of this case cannot be understated, especially given its implications for electoral integrity in India.
Background of the Legislative Changes
The Supreme Court had previously recognized a legislative gap in the CEC selection process, instructing that a panel consisting of the Prime Minister, the leader of the opposition, and the Chief Justice of India advise the President on appointments. However, the recent law, passed in December 2023, replaced the Chief Justice with a Union Cabinet minister, raising concerns about the independence of the Election Commission of India (ECI).
Multiple petitions challenging the law have surfaced, arguing that it undermines the independence intended by the Supreme Court’s directive. The Chief Justice has recused himself from hearing these PILs due to the conflict of interest regarding his inclusion in the selection process.
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In conclusion, the upcoming Supreme Court hearing is poised to be a pivotal moment in determining the future framework for appointing the Chief Election Commissioner and ensuring the independence of the Election Commission of India.
