New Delhi: The Supreme Court on Thursday questioned the exclusion of the Chief Justice of India (CJI) from the selection panel responsible for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs), observing that the Election Commission must not only function independently but also inspire public confidence through an impartial appointment process.
A bench of Justices Dipankar Datta and Satish Chandra Sharma reserved its verdict on the Centre’s request to refer the matter to a Constitution Bench while hearing petitions challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The bench noted that the CJI is part of selection committees for appointments to institutions such as the CBI and the Lokpal, and questioned why the judiciary was excluded from the panel responsible for appointing members of the Election Commission, a key constitutional body entrusted with conducting free and fair elections.
Defending the 2023 law, Solicitor General Tushar Mehta argued that the judiciary should not presume that the Prime Minister or the executive would act against democratic values. He maintained that the office of the Prime Minister carries constitutional sanctity and that citizens must have faith in the decisions taken by elected representatives.
Mehta further argued that the executive, legislature and judiciary are independent pillars of democracy and should respect each other’s constitutional roles. He said it would be inappropriate to assume that decisions made by the government are driven by bad faith simply because it holds a parliamentary majority.
Attorney General R. Venkataramani also defended the legislation, contending that Parliament’s legislative choices cannot be invalidated merely because an alternative appointment model exists. He argued that judicial scrutiny should not extend to questioning Parliament’s legislative wisdom.
The petitions challenge the 2023 law, which provides that the President appoints the CEC and Election Commissioners based on the recommendation of a selection committee comprising the Prime Minister, the Leader of the Opposition and a Union Cabinet Minister nominated by the Prime Minister.
During the hearing, the bench clarified that it was not questioning the Prime Minister’s integrity but emphasised the need for robust institutional safeguards to preserve the Election Commission’s independence and public credibility.
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