Why SC will review CEC selection rule before next appointment on Feb 18

In a move that underscores the protracted tensions between judicial oversight and legislative authority, the Supreme Court has agreed to hear a batch of petitions challenging the Chief Election Commissioner and Other Election Commissioners Act, 2023. The enactment of the Chief Election Commissioner and Other Election Commissioners Act, 2023 replaced the judiciary’s proposed selection mechanism with a framework heavily influenced by the executive. The Supreme Court declined to halt the appointments of ECs Sukhbir Singh Sandhu and Gyanesh Kumar despite petitioners contending that the government’s haste and lack of transparency conveyed an unsettling impression that the two retired IAS officers were “aligned” with the government. Acting on these recommendations, the Supreme Court, invoking its powers under Article 142 to deliver “complete justice”, directed that a similar committee would oversee appointments until Parliament enacts appropriate legislation.