Row over appointment of ECs, CEC: SC to hear plea March 15

The Supreme Court on Wednesday agreed to hear on Friday a plea of an NGO challenging the exclusion of the Chief Justice of India from a selection panel to choose the CEC and election commissioners on the grounds that the poll panel should be insulated from “political” and “executive interference” to maintain a healthy democracy.

A bench headed by Justice Sanjiv Khanna took note of the submissions of lawyer Prashant Bhushan, appearing for Association for Democratic Reforms, seeking urgent listing of the plea and said it will be listed on Friday. “I just got the message from the CJI that it will be listed on Friday,” Justice Khanna said.

The NGO challenges the validity and seeks a stay on the operation of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which excludes the CJI from the panel meant to select the CEC and ECs.

Under the new law, the selection panel includes the PM as the chairperson and the LoP and a Union minister nominated by the PM are the two other members.

The NGO has moved the top court after election commissioner Arun Goel put in his papers recently. “Direct the Union of India to appoint the vacant positions of election commissioners till the pendency of the writ petition, in accordance with the selection committee laid down by this Hon'ble Court in Anoop Baranwal v. Union of India (Supra) in 2023. Democracy is a facet of the basic structure of the Constitution and in order to ensure free and fair elections and to maintain healthy democracy in our country, the EC should be insulated from political and/or executive interference,” the plea, filed in the disposed of PIL, said.