On Friday, the Supreme Court issued a ruling declining to halt the implementation of the newly established law governing the appointment process for the chief election commissioner and other election commissioners, which is to be conducted by a committee that does not include the Chief Justice of India.
Nonetheless, the Supreme Court has summoned the Central government and the Election Commission of India (ECI) to provide comprehensive replies regarding a petition submitted by Jaya Thakur, a prominent Congress figure from Madhya Pradesh. The Court is set to scrutinize the issue at hand. The duo of justices at the Supreme Court, led by Justice Sanjiv Khanna and including Justice Dipankar Datta, declined to put a halt to the recently enacted legislation, having considered Thakur’s appeal.
“The bench of the Supreme Court indicated that while they won’t put a hold on the recently enacted law concerning the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs), they intend to consider and scrutinize the issue,” the court stated in its ruling. Jaya Thakur, the petitioner, had approached the Supreme Court to contest the amended legislation that removes the Chief Justice of India (CJI) from the committee responsible for the selection of the CEC and ECs.
Vikas Singh, a distinguished lawyer with experience in the Supreme Court and past service as an Additional Solicitor General, represented Jaya Thakur, a Congress leader from Madhya Pradesh, and argued to the Supreme Court that the recently enacted legislation contravenes the doctrine of separation of powers. He urged the court to issue suitable directives and decisions in response to the petition.
Singh contended that the involved parties, including UPI, ECI, and others, have not received a copy of the petition. In response, the Supreme Court remarked that it couldn’t suspend the recently enacted legislation because the respondents had not been served. Nonetheless, the Court indicated they were prepared to send out a formal notification.
The new statute in question facilitates the filling of the Chief Election Commissioner (CEC) and Election Commissioner positions through a Selection Committee. This committee is composed of the Prime Minister, a member of the Union Cabinet, and the Leader of Opposition in the Lok Sabha.
