| ASPECTS | DETAILS |
| Case Title | Government Defends Election Commissioner Appointment Sytem. |
| Introduction | The Union government defends its decision to appoint two new election commissioners under the new statute, arguing that the law aims for a democratic and inclusive regime, and that the absence of a judge on the selection panel does not compromise independence. |
| Factual Background | The government appointed Gyanesh Kumar and Sukhbir Singh Sandhu as election commissioners under the 2023 Act, which replaced the previous selection process mandated by a 2023 Supreme Court judgment. The new law does not include the Chief Justice of India (CJI) in the selection panel. |
| Legal Analysis | The government contends that the independence of the Election Commission does not hinge on the presence of a judicial member in the selection committee. It argues that the 2023 Act is constitutional and aligns with the Supreme Court’s previous judgment, providing for a democratic and participative mechanism for EC’s functioning. |
| Applicable Law | The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 |
| Conclusion | The government asserts that the 2023 Act is a valid exercise of legislative power and enhances the democratic and participative nature of the Election Commission’s functioning. It opposes the pleas seeking a stay on the law and calls for their dismissal. |
| Current Scenario | Gyanesh Kumar and Sukhbir Singh Sandhu were appointed as election commissioners under the new law, marking a departure from the previous selection process. The Election Commission announced the 2024 general elections, scheduled to begin on April 19, on March 16. |
CASE SUMMARY– In a recent development, the Union government justified its appointment of two new election commissioners under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, stating that the new law aims for a “democratic, collaborative and inclusive” regime. The government argued that the absence of a judge on the selection panel does not undermine the independence of the Election Commission. The Centre’s affidavit came in response to pleas seeking a stay on the law’s operation, contending that the vacancies in the Election Commission of India should be filled through a consultative procedure including the Chief Justice of India. The government emphasized that the new law aligns with a Supreme Court judgment from March 2023 and provides a democratic and participative mechanism for the functioning of the EC.
SOURCE– HINDUSTAN TIMES
READ MORE–Governor’s Exclusive Consultation
