The Supreme Court declined to halt the appointment of the two new Election Commissioners and dismissed the petitions contesting their selection. This decision follows the Centre’s defense of the selection process, which excluded the Chief Justice of India from the committee. The Centre argued that the Election Commission’s independence does not hinge on the presence of a judicial member in the selection committee.
In response to a plea by the Association for Democratic Reforms (ADR) challenging the appointments, the Ministry of Law and Justice denied allegations that the selection committee’s meeting was expedited to preempt a Supreme Court hearing. The Ministry, in an affidavit, also stated that the new law on the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) was enacted following a Supreme Court directive in March 2023. This directive stemmed from the Anoop Baranwal vs Union of India case, where the Court mandated the inclusion of the Chief Justice of India in the committee.
The government emphasized that the Supreme Court’s directive was temporary until Parliament took legislative action. It asserted that Parliament has the constitutional authority to decide on the appointments of Election Commissioners, and executive intervention is not permissible once Parliament exercises this power.
