SC Questions Exclusion of CJI from CEC Selection Panel Under 2023 Act
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court questioned why the Chief Justice of India was excluded from the selection panel for the Chief Election Commissioner and Election Commissioners under the 2023 Act. The court noted that the CJI is part of selection panels for the CBI director and Lokpal, and emphasized the need for an independent and impartial appointment process. The court reserved its verdict on referring the matter to a constitution bench.
Background
In 2023, a five-judge constitution bench of the Supreme Court directed that pending legislation, appointments to the Election Commission should be made by a panel comprising the Prime Minister, the Chief Justice of India, and the Leader of the Opposition. Parliament subsequently enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the CJI with a Union Cabinet minister nominated by the Prime Minister.
Key facts
The Supreme Court bench of Justices Dipankar Datta and Satish Chandra Sharma questioned why the CJI was excluded from the selection panel for CEC and ECs.
The court noted that the CJI is part of selection panels for the CBI director and Lokpal.
The 2023 Act provides for a selection committee consisting of the Prime Minister, the Leader of the Opposition, and a Union Cabinet minister nominated by the PM.
The court is hearing challenges to the constitutional validity of the 2023 Act.
Solicitor General Tushar Mehta argued that the court cannot assume the Prime Minister would act in bad faith and that people must trust the PM's decisions.
Attorney General R Venkataramani argued that Parliament's legislative choice cannot be questioned merely because another model is possible.
The court reserved its verdict on the Centre's plea to refer the matter to a constitution bench.
The bench emphasized that the Election Commission must not only act independently but also be seen to act independently.
Prelims pointers
- Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- Selection committee under the Act: PM, LoP, and a Union Cabinet minister nominated by PM
- Previous direction (2023): panel of PM, CJI, and LoP
- CBI director selection panel: PM, CJI, and LoP
- Lokpal selection panel: PM, CJI, Speaker, and LoP
- Articles 324 (Election Commission) and 124 (Supreme Court)
- Constitution bench: five-judge bench
- Doctrine of separation of powers
Mains angles
- Discuss the independence of the Election Commission and the role of the CJI in appointment processes.
- Critically examine the balance between legislative wisdom and judicial review in the context of the 2023 Act.
- Analyze the implications of excluding the CJI from the selection panel for constitutional integrity and democratic principles.