Supreme Court Questions Power to Mandate CJI's Role in Poll Body Appointments
The Supreme Court on Wednesday questioned its authority to direct Parliament to enact legislation mandating the inclusion of the Chief Justice of India (CJI) in the panel that appoints the Chief Election Commissioner and Election Commissioners. A bench of Justices Dipankar Datta and Satish Chandra Sharma stated, "It is a prerogative of the Parliament to make the law. Courts cannot direct the Parliament to make a law," while hearing challenges to the 2023 Act that removed the CJI from the selection panel.
The petitions, filed by the Association for Democratic Reforms, Jaya Thakur, Sanjay Meshram, Dharmendra Kushwaha, and advocate Gopal Singh, challenge the constitutionality of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. They argue the law undermines the independence of the Election Commission by giving executive dominance, as the current panel consists of the Prime Minister, the Leader of Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
The petitioners contend the 2023 Act violates the Supreme Court's March 2, 2023, interim order, which mandated a selection committee comprising the Prime Minister, the CJI, and the Leader of Opposition until Parliament enacted a law. They claim the new law dilutes judicial authority and entrenches executive control, as the Prime Minister and his nominee will be the deciding voices. Sections 7 and 8 of the Act, which outline the appointment process, are specifically under challenge.
Solicitor General Tushar Mehta, representing the Centre, sought an adjournment citing his involvement in the Sabarimala reference case, but the bench refused, calling the election panel issue "more important than any other case." The court dismissed the government's request and proceeded with the hearing.
The Supreme Court will resume hearing the case on Thursday, as it examines whether the current appointment mechanism complies with constitutional principles of impartiality and institutional independence.