The Supreme Court on Tuesday refused to stay operation of new law on appointment 🌞of Chief Election Commissioner and Election Commissioners by panel excluding Chief Justice of India (CJI).
SC has sought Centre's respons🔜e on plea challenging constitutional 🔯validity of new law on appointment of CEC and ECs.
According to the new law: "Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a Sel🔴ection Committee consisting of — (a) the Prime Minister — Chairperson; (b) the Leader of Opposition in the House of the People — Member; (c) a Union Cabinet Minister to be nominated by the Prime Minister — Member."
SC has issue🃏d notice to the Centre on a plea filed by an✅ NGO, Association for Democratic Reforms, and listed the matter along with other pending petitions on the issue for hearing in April.
The plea challenged the constitutional validity of the CEChie♛f Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Advocate Prashant Bhushan, appearing for the NGO, submitted the law is contrary to the constitution bench judgement of the apex court which had directed that the CJI be there onꦦ the panel that would appoint the CEC and ECs, PTI reporte
He said two election commission༒ers are about to superannuate, and if the operation of the law is not stayed, the plea will become infructuous.
"Sorry, we cannot grant you interim relief in the matter. The matter of ⛄constitutional validity never becomes infructuous. We know our parameters for granting interim relief," the bench𒊎 told Bhushan.
The plea said the law was enacted in 2023 i𝔉n order to fill the vacuum under Article 324(2) of the Constituti🥃on of India.
"However, the impugned section restores ꩵthe earlier position of law i.e. appointment of Chief Election Commissioner and Election Commissioner would be done solely by the executive. The selection committee is dominated by t🐲he members from executive i.e. Prime Minister and Union Cabinet Minister to be nominated by the Prime Minister," it said.
