Supreme Court to Hear Validity of New CEC Appointment Law
NEW DELHI: The Supreme Court has recently declined to grant an interim stay on the selection of the next Chief Election Commissioner (CEC) following Rajiv Kumar’s retirement on February 18. Instead, the court plans to assess the validity of the CEC and Election Commissioners (Appointment, Conditions of Officer and Terms of Office) Act, 2023.
Concerns Over Independence
Advocate Prashant Bhushan, representing one of the petitioners, argued that the 2023 law undermines a previous Supreme Court judgment that included the Chief Justice of India (CJI) in the selection committee alongside the Prime Minister and the Leader of Opposition. The petitioners claim that replacing the CJI with a Union cabinet minister compromises the independence of the Election Commission, posing significant risks to free and fair elections, which are essential for a thriving democracy.
Government’s Stance
Solicitor General Tushar Mehta noted that similar arguments were dismissed by a previous Supreme Court bench, which had ruled against halting the 2023 law. The bench maintained that the interim arrangement established by the court would remain until Parliament enacted a new law, which was accomplished in December 2023.
Next Steps
The Supreme Court prefers to hear the full case rather than entertain interim stay requests. The matter has been scheduled for further hearing on February 12. By early February 2024, the Election Commission will be reduced to a one-man commission with only CEC Rajiv Kumar.
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