1 month ago
Supreme Court Questions Exclusion of CJI from Election Panel
The Supreme Court of India asked why the Chief Justice of India was left out of the group that picks the Chief Election Commissioner.
The new law says only the Prime Minister, a Union Minister, and the Leader of Opposition can choose the election officials.
The government says the Prime Minister and ministers will act fairly.
The court is still deciding if it should look at the case more closely.
This issue comes after a 2023 law that followed a Supreme Court decision that wanted the Chief Justice to be part of the selection group.
Supreme Court questioned the exclusion of the Chief Justice of India from the election commissioner selection panel.
The 2023 Act creates a three‑member committee of the Prime Minister, a Union Minister, and the Leader of Opposition to appoint the Chief Election Commissioner and Election Commissioners.
The Centre defended the law, arguing that the Prime Minister and ministers would not act in bad faith.
The Supreme Court reserved judgment on whether to refer the case to a larger bench.
The issue stems from a 2023 Act that followed a landmark Supreme Court verdict requiring the Chief Justice of India to be part of the selection committee.
- Who
- Supreme Court of India, the Indian government, and key legal officials
- What
- Questioning the exclusion of the Chief Justice of India from the election commissioner selection panel
- Where
- India
- When
- Thursday, 2024
- Why
- To ensure fairness and independence in appointing election commissioners
Key facts
- Act
- Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- Selection Committee
- Prime Minister, Union Minister, Leader of Opposition
- Supreme Court Question
- Exclusion of Chief Justice of India
- Defence by Centre
- No bad faith by PM and ministers
- Judgment Status
- Reserved, possible referral to larger bench
Quotes
Solicitor General Tushar Mehta
Senior government advocate for the Centre
“Solicitor General Tushar Mehta argued, “If his decision is not to be trusted and is to be seen as necessarily a bad‑faith exercise, then why not have a provision that even while selecting his Cabinet, he must consult some former judge or outsider?””
NDTV
“Justice Datta added: “The election commissioner is supposed to be an independent person. Should the committee not have any show of fairness? We are not saying fairness is not being achieved. But it has to be shown.””
NDTV
Sources
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