The Supreme Court has agreed to expedite a hearing on a petition challenging the exclusion of the Chief Justice of India from the panel responsible for selecting election commissioners. Justice Sanjeev Khanna conveyed to advocate Prashant Bhushan, representing the petitioner Association for Democratic Reforms, that the Chief Justice had been informed, and the matter would be scheduled for Friday.
This development comes at a critical juncture as the Election Commission faces two vacancies in its top panel. Following the resignation of Election Commissioner Arun Goel last week and the retirement of his colleague Anup Chandra Pandey the previous month, Chief Election Commissioner Rajiv Kumar remains the sole member on the top panel, with the upcoming Lok Sabha elections looming.
Under the current procedure for appointing election commissioners, a search committee headed by Law Minister Arjun Ram Meghwal will compile two panels of five names each for the vacant posts. Subsequently, a selection committee led by Prime Minister Narendra Modi, alongside a Union Minister and the Leader of the Congress in Lok Sabha Adhir Ranjan Chowdhury, will finalize two individuals for appointment.
It is anticipated that the selection committee will convene either today or tomorrow, with government sources indicating to news agency PTI that both vacant positions may be filled by Friday.
The petition filed by ADR brings attention to the appointment rules for Election Commissioners. Last year, a Constitution bench of the Supreme Court ruled that senior poll officials should be appointed based on the recommendation of a committee comprising the Chief Justice of India, the Prime Minister, and the Leader of the Opposition in Lok Sabha. However, months later, the Centre introduced the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, which excluded the Chief Justice of India from the selection panel, replacing them with a Union Minister. This legislative change has drawn criticism for augmenting the Executive’s influence on the panel.
ADR’s petition challenges this legislative amendment, with Congress leader Jaya Thakur also contesting the law in the Supreme Court. Despite a previous refusal by the Supreme Court to halt appointments under the new law, the matter has gained traction following Mr. Goel’s resignation. The Centre has faced criticism from the Opposition, accusing it of a “systemic decimation” of governmental institutions. The Supreme Court had previously declined to pause appointments but sought the Centre’s response to the petition challenging the new appointment process on February 13.
