PIL in Supreme Court challenges new law on appointment of CEC, ECs

By DAYANAND MOHITE | published: January 02, 2024 01:18 PM 2019-02-12T14:15:30+5:30

city : national

The petition in the Supreme Court makes a prayer that the apex court must intervene and put in place an independent and transparent system of selection constituting a neutral and independent selection committee for the appointment of the CEC and ECs.

A petition challenging the recently passed law on the appointment of Chief Election Commissioner (CEC) and Election Commissioners (ECs) to the Election Commission of India (ECI) has been filed in the Supreme Court.

The petition filed on Tuesday by a practicing advocate of the apex court has sought the court to put on hold the implementation of the law as it was in opposition to a previous judgment of the Supreme Court delivered in March last year.

Parliament passed a new law changing the mode of appointment of CEc, ECs

The Parliament of India had in the winter session of the Parliament in December 2023 passed a new law changing the mode of appointment of the CEC and ECs to the Election Commission of India, laying down that now the appointment of CEC and ECs shall be done by a committee of three persons, including the Prime Minister of India, the Leader of Opposition in the Lok Sabha and in case there is no such leader, the leader of the largest party in opposition in the Lok Sabha having the largest numerical strength and a union cabinet minister nominated by the Prime Minster.

What the petition has sought?

The petition also makes a prayer that the Supreme Court must intervene and put in place an independent and transparent system of selection constituting a neutral and independent selection committee for the appointment of the CEC and ECs.

The petition argues that on March 2, 2023, a five-judge Constitution bench of the Supreme Court had passed a judgment that the appointments to the post of CEC and ECs shall be made by the President of India on the basis of the advice tendered by a committee consisting of the Prime Minster of India, the Leader of opposition in the Lok Sabha and in case there is no such leader, the leader of the largest party in opposition in the lok Sabha having the largest numerical strength and the Chief Justice of India.

The new law has attracted criticism

The new law has come in for criticism from many sections, saying that first, the new law was made to overreach a Supreme Court judgment and second, the panel where the government in power has majority and the last word on appointment make it unfair and non-neutral.

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