SC Asks Center To Submit Response To Pleas Challenging CEC&EC Act 2023

BY A STAFF REPORTER: In a significant move, the Supreme Court on Thursday directed the central government to submit responses to pleas challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioners Act, 2023 within six weeks.

Moreover, the Top Court dismissed a plea seeking a stay on the recent appointment of two Election Commissioners namely Gyanesh Kumar and Sukhbir Singh Sandhu, it will pass a detailed order later.

However, the Supreme Court raised concerns regarding the expediency with which the Search Committee shortlisted candidates and the rapid selection of two Election Commissioners by the Selection Committee.

SC further clarified that it is not doubting the credentials of the Election Commissioners selected, but on the procedure in which the selection was conducted. 

The selection committee comprising Prime Minister Narendra Modi, Law Minister Arjun Ram Meghwal, and Congress leader Adhir Ranjan Chowdhary recommended the names Sukhbir Singh Sandhu and Gyanesh Kumar for the post of Election Commissioner last week. However, Chowdhary was not satisfied with the new appointees.

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 removed the Chief Justice of India (CJI) from the selection committee panel responsible for appointing the Chief Election Commissioner (CEC) and other Election Commissioners. Moreover, the Act replaced the CJI with a Union Cabinet Minister nominated by the Prime Minister in the selection committee.