The Supreme Court is set to hear a petition filed by the Association for Democratic Reforms (ADR) on March 15, challenging provisions of the legislation that exclude the Chief Justice of India (CJI) from a panel responsible for selecting election commissioners.
The petition, represented by advocate Prashant Bhushan on behalf of ADR, was mentioned before a bench led by Justice Sanjiv Khanna on Wednesday.
This development comes in the wake of the recent resignation of election commissioner Arun Goel and just weeks ahead of the crucial Lok Sabha election. Anup Chandra Pandey, another election commissioner, retired on February 14, leaving both positions vacant and Chief Election Commissioner Rajiv Kumar as the sole member of the election watchdog.
The ADR's petition seeks a stay on Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, and urges the Centre to appoint election commissioners as per the Supreme Court's directive in the Anoop Baranwal vs Union of India case.
According to the petition, appointments should be made by the President based on the advice of a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. However, the new legislation passed by Parliament last year replaces the CJI with a Union Cabinet Minister in the selection committee.
In light of Goel's sudden resignation, questions have arisen regarding whether it was due to differences with the government. Congress leader Jairam Ramesh raised concerns, suggesting that Goel's resignation might be linked to disagreements with either the Chief Election Commissioner or the Modi government, which he accused of exerting undue influence over supposedly independent institutions.
