Editor's Pick | SC to hear plea to include CJI on selection panel for ECs

The Supreme Court has agreed to urgently hear a plea by the Association of Democratic Reforms (ADR) on March 15, which urges that the Chief Justice of India (CJI) be included in the selection committee for Election Commissioners (ECs) to the Election Commission of India (ECI). The application argues the Centre could have an “unfair advantage” when appointing ECs to fill two vacancies in the ECI after the sudden resignation of Arun Goel before the Lok Sabha elections. It was reported that the selection panel, headed by the Prime Minister, is likely to fill the vacancies by March 15. On March 13, a Bench headed by Justice Sanjiv Khanna agreed to list the plea by ADR, which petitioned that the new law on the appointments of ECs be put on hold. ADR asked that the Chief Justice of India be included again in the selection committee which appoints ECs to the Commission as directed by the Supreme Court in its judgement in Anoop Baranwal versus Union of India in March last year. In the case, a Constitution Bench headed by Justice K.M. Joseph (now retired) directed that the Chief Election Commissioner and two ECs be appointed by the President on the advice of a committee consisting of the Prime Minister, Leader of Opposition in the Lok Sabha or the leader of the single largest party in Opposition and the CJI. The Court expressed the belief that the “fierce independence, neutrality and honesty” required for an institution such as the EC necessitated the end to government monopoly and “exclusive control” over appointments. The government, however, skirted the judgement by enacting a new law--- The Chief Election Commission and other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023. This Act replaced the CJI with a Cabinet Minister on the selection committee, thereby giving the Centre a dominant role on the committee. In the current petition, ADR, represented by advocate Prashant Bhushan and Cheryl D’Souza, argued that “now, the Executive has the ability to appoint two Election Commissioners which can give an unfair advantage to the Executive. The role of the Election Commission is critical in ensuring free and fair elections and therefore, the appointments must also be seen to be fair and free from any bias or latches to the government of that time.” It further argued that democracy was “a facet of the basic structure of the Constitution and in order to ensure free and fair elections and to maintain healthy democracy in our country, the Election Commission should be insulated from political and/or executive interference.” Its application also noted that the ECI at present was under the sole leadership of CEC Rajiv Kumar. The Hindu’s Editorials Wrong messaging: On the Citizenship (Amendment) Act, 2019 A fresh stance: On India and the European Free Trade Association deal The Hindu’s Daily News Quiz According to estimates, how much is expected to be spent in infrastructure building in Ayodhya? Rs. 850 crores Rs. 85 lakh crore Rs. 85,000 crore Rs. 8.5 lakh crore To know the answer and to play the full quiz, click here. [logo] Editor's Pick 14 March 2024 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]Open in browser [Mail icon]More newsletters SC to hear plea to include CJI on selection panel for ECs The Supreme Court has agreed to urgently hear a plea by the Association of Democratic Reforms (ADR) on March 15, which urges that the [Chief Justice of India (CJI) be included in the selection committee]( Election Commissioners (ECs) to the Election Commission of India (ECI). The application argues the Centre could have an “unfair advantage” when appointing ECs to fill two vacancies in the ECI after the [sudden resignation of Arun Goel]( before the Lok Sabha elections. It was reported that the selection panel, headed by the Prime Minister, [is likely to fill the vacancies by March 15.]( On March 13, a Bench headed by Justice Sanjiv Khanna agreed to list the plea by ADR, which petitioned that the new law on the appointments of ECs be put on hold. ADR asked that the Chief Justice of India be included again in the selection committee which appoints ECs to the Commission as directed by the Supreme Court in its judgement in [Anoop Baranwal versus Union of India in March last year](. In the case, a Constitution Bench headed by Justice K.M. Joseph (now retired) directed that the Chief Election Commissioner and two ECs be appointed by the President on the advice of a committee consisting of the Prime Minister, Leader of Opposition in the Lok Sabha or the leader of the single largest party in Opposition and the CJI. The Court expressed the belief that the “fierce independence, neutrality and honesty” required for an institution such as the EC necessitated the end to government monopoly and “exclusive control” over appointments. The government, however, skirted the judgement by enacting a new law--- [The Chief Election Commission and other Election Commissions]( (Appointment, Conditions of Service and Term of Office) Act, 2023. This Act replaced the CJI with a Cabinet Minister on the selection committee, thereby giving the Centre a dominant role on the committee. In the current petition, ADR, represented by advocate Prashant Bhushan and Cheryl D’Souza, argued that “now, the Executive has the ability to appoint two Election Commissioners which can give an unfair advantage to the Executive. The role of the Election Commission is critical in ensuring free and fair elections and therefore, the appointments must also be seen to be fair and free from any bias or latches to the government of that time.” It further argued that democracy was “a facet of the basic structure of the Constitution and in order to ensure free and fair elections and to maintain healthy democracy in our country, the Election Commission should be insulated from political and/or executive interference.” Its application also noted that the ECI at present was under the sole leadership of CEC Rajiv Kumar. The Hindu’s Editorials [Arrow][Wrong messaging: On the Citizenship (Amendment) Act, 2019 Â]( [Arrow][A fresh stance: On India and the European Free Trade Association deal]( The Hindu’s Daily News Quiz According to estimates, how much is expected to be spent in infrastructure building in Ayodhya? - Rs. 850 crores - Rs. 85 lakh crore - Rs. 85,000 crore - Rs. 8.5 lakh crore To know the answer and to play the full quiz, [click here.]( [Sign up for free]( Today’s Best Reads [[Ram Nath Kovind-led panel recommends simultaneous polls, common electoral roll in report submitted to President] Ram Nath Kovind-led panel recommends simultaneous polls, common electoral roll in report submitted to President]( [[As Canada doubles down on Nijjar allegations, New Zealand says its stand on investigation has not changed] As Canada doubles down on Nijjar allegations, New Zealand says its stand on investigation has not changed]( [[Delhi excise scam case | Arvind Kejriwal moves sessions court challenging summons issued to him on ED complaint] Delhi excise scam case | Arvind Kejriwal moves sessions court challenging summons issued to him on ED complaint]( [[SC urges Ajit Pawar faction of NCP to desist from using Sharad Pawar’s face on their public notices] SC urges Ajit Pawar faction of NCP to desist from using Sharad Pawar’s face on their public notices]( Copyright© 2024, THG PUBLISHING PVT LTD. 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