New Delhi, March 20 -- The Central government defended the appointment of two new Election Commissioners (ECs) in the Supreme Court on Wednesday. The appointments were made under a 2023 law that does not include the Chief Justice of India in the selection committee. The government argued that the independence of the Election Commission is not dependent on having a judicial member in the committee.
The Union Law Ministry, in an affidavit submitted to the Supreme Court, dismissed the petitioner's allegation that the ECs were appointed hastily on March 14 to circumvent the Supreme Court's orders the following day, when the matters challenging the 2023 law were listed for hearing on interim relief.
The affidavit was a response to several pleas, including those from Congress leader Jaya Thakur and the Association for Democratic Reforms. These pleas challenged the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act, 2023.
The affidavit stated that the petitioner's case is based on the misconception that an authority's independence can only be maintained if the selection committee has a specific composition. It said that the independence of the Election Commission or any other organisation does not originate from having a judicial member in the selection committee.
The Centre refuted the petitioner's claim that the Opposition was not provided with a list of potential appointees. It stated that the shortlisted candidates were shared with the Leader of the Opposition in the Lok Sabha, Adhir Ranjan Chowdhury, on March 13, 2024, after the Search Committee finalised six names.
The Centre argued that the allegations of a political controversy are based on unsupported statements about vague motives behind the appointment. It highlighted that the qualifications of the appointed ECs have not been questioned, and no objections have been raised about their fitness, eligibility, or competence.
The Centre asserted that the 2023 Act is a significant improvement in the appointment process of ECs, providing a more democratic, collaborative, and inclusive exercise. It refuted the petitioner's claims of executive overreach and encroachment on the Election Commission's autonomy.
"To indicate, as the petitioners suggest, that selection committees without judicial members, would invariably be biassed is wholly incorrect. It is submitted that such an argument would read an implied limitation into the otherwise plenary power of Article 324(2), which is impermissible. "The election commissioners have been able to function neutrally and effectively even during the era of full executive discretion in appointment. As a high constitutional office, the chief election commissioner enjoys protection that are in-built into the Constitution, and which enable them to act impartially," it said, adding that the allegations of disingenuous motive and premeditation on the part of the government are wholly without basis.
The Supreme Court had earlier refused to stay the appointment of new ECs under the 2023 law. The vacancies emerged after the retirement of Anup Chandra Pandey and the sudden resignation of Arun Goel. Retired IAS officers Gyanesh Kumar and Sukhbir Singh Sandhu were appointed in their place.
Under the new law, the selection panel comprises the Prime Minister as the chairperson, the Leader of the Opposition, and a Union Minister nominated by the Prime Minister. A five-judge constitution bench had ruled in March 2023 that the Chief Election Commissioner (CEC) and Election Commissioners (ECs) shall be appointed on the advice of this committee.
Published by HT Digital Content Services with permission from Millennium Post.