The Supreme Court on Friday, January 12, agreed to hear a plea challenging the new law on the appointment of Chief Election Commissioner and Election Commissioners. The new law sought to oust the Chief Justice of India from the selection panel.
The apex court refuses to stay the operation of Election Commissioners Act, 2023. It has sought a response from the Centre in April.
While dropping the CJI from the selection committee, the new law said "Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a Selection Committee consisting of (a) the Prime Minister Chairperson; (b) the Leader of Opposition in the House of the People Member; (c) a Union Cabinet Minister to be nominated by the Prime Minister."
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 has provisions to set up a search committee chaired by the union law minister and two other persons not below the rank of secretary to prepare a panel of five persons for consideration of the selection committee for appointment as CEC or ECs.
The bill provides details related to the appointment, qualifications, search committee, selection committee, term of office, salary, resignation and removal, leave, and pension of the chief election commissioner and other election commissioners.
In 2023 judgment, the apex court had formed a selection panel consisting of the Prime Minister, Leader of Opposition and the CJI.
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