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It will be court’s opinion versus the legislative power to enact law, the Supreme Court said as it posted the pleas challenging the appointment of the chief election commissioner and election commissioners under the 2023 law on February 4
A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan was informed by advocate Prashant Bhushan, representing an NGO, the incumbent Chief Election Commissioner (CEC) Rajiv Kumar was set to superannuate on February 18, and a new CEC would be appointed under the new law, if the court didn’t intervene.
Bhushan said the top court in its the March 2 2023 verdict set up a panel comprising the Prime Minister, the Leader of Opposition and the CJI to appoint the CEC and election commissioners (EC).
‘However, under the new law the selection committee will comprise the Prime Minister, a union cabinet minister, the Leader of Opposition or the leader of the largest opposition party in Lok Sabha. They have removed CJI from the selection committee,’ submitted Bhushan.
While posting the hearing on February 4, the bench said it would see whose views had supremacy.
‘It will be the opinion of the court under Article 141 versus legislative power to enact law,’ it underscored.
Senior advocate Gopal Sankaranarayanan, appearing for one of the petitioners, said the government did not remove the basis of the March 2, 2023 judgement, and enacted a new law.
Bhushan said the government couldn’t control the appointment of election commissioners as it would be a threat to democracy.
‘We are of the view that the government cannot remove the CJI from the selection panel which was directed to be formed by the Supreme Court on March 2, 2023,’ he said.
