Petitioners Request Supreme Court To Hear Challenge To Election Commissioners' Law Before Retirement Of CEC In February
Live LawOn mentioning of the pleas challenging constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which removed the Chief Justice of India from the selection panel appointing Election Commissioners, the Supreme Court today expressed inclination to hear the matter on February 4. The most notable feature of the new legislation is that the President of India would appoint the election commissioners on the strength of a selection committee's recommendation, prepared after considering a list of candidates proposed by a search committee headed by the union law minister. This legislative development came after a constitution bench led by Justice KM Joseph directed election commissioners to be appointed by the President of India on the advice of a committee consisting of the Prime Minister, the Leader of the Opposition or the largest opposition party's leader, and the Chief Justice of India. The new law excluding the Chief Justice from the selection committee triggered a barrage of criticism from the opposition for alleged executive overreach and encroachment on the election commission's autonomy.