Controversy Over Appointment of the Chief Election Commissioner
The appointment process for the Chief Election Commissioner (CEC) and Election Commissioners (EC) has become contentious due to the government's adherence to its December 2023 legislation, currently challenged in the Supreme Court.
Supreme Court's Involvement
- The Supreme Court deferred the hearing to February 19, mentioning that any developments in the interim would be subject to the final decision on the Act's validity.
- Despite objections from the Leader of the Opposition, a CEC and a third member was appointed, following the retirement of CEC Rajiv Kumar.
Conflict with 2022 Constitution Bench Verdict
- The 2022 verdict established a committee including the Prime Minister, the LoP, and the Chief Justice of India (CJI) to select ECI members.
- The 2023 Act replaces the CJI with a Union Minister, hence sparking debate.
Government's and Petitioners' Stances
- The government claims the Court’s panel was a temporary measure until Parliament legislated its own selection process.
- Petitioners argue that the 2022 judgment emphasized an appointment process free from executive influence to ensure ECI independence.
Executive Influence and Court's Role
- The executive holds a 2:1 majority in the selection committee, raising concerns over the independence of appointed members.
- The BJP-led government has proceeded with appointments during court hearings, often leaving the Court unable to interfere timely, creating a fait accompli.
Public Perception and the Need for Timely Resolution
- The public perception of the ECI as an independent institution has been declining.
- Timely adjudication by the Court is crucial to ensure elections are perceived as free and fair by the entire electorate.
