'Why The Show Of Independence?': Supreme Court Raises Concern On CEC Selection Process

New Delhi: The Supreme Court on Thursday raised concern over the inclusion of a cabinet minister in the selection panel for appointing election commissioners. The top court observed that a minister may not be in a position to oppose the Prime Minister during the decision-making process for election commissioners' selection. "Why the show of independence," the SC asked while flagging the issue of inclusion of cabinet minister in the panel for appointment of CECThe matter regarding the appointment process of the Chief Election Commissioner and Election Commissioners was heard by a bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma. Notably, petitions were filed against the constitutional validity of the Chief Election Commissioner and Other

Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023..“Why do you then include the leader of the opposition? He’s ornamental. It will always be 2:1. Why do you put up this show of independence in the body? Will a member of cabinet go against the prime minister?”, the court remarkedThe SC raised the concern over the composition of panel which currently consists of Prime Minister, Cabinet Minister and Leader of Opposition while hearing the matter regarding the appointment of the CEC and election commissioners The apex court further remarked that if CJI could be part of the selection committee of the CBI Director along with LoP and PM then why not an independent person be appointed for thisAlso Read: Opposition MPs Sign Notice Against Gyanesh Kumar - Can India's Chief Election Commissioner Be Impeached?“For a CBI director, CJI is there. for a CBI director. We can say for maintenance of law and order. Or you can stretch it to rule of law also. But Not for maintaining democracy? Not for ensuring pure elections? We don’t say CJI should be there. But why shouldn’t there be an independent member? Why should it be from the ministry?”, the court stated.As per the 2023 legislation, the committee for the selection of the CEC and other election commissioners will comprise the Prime Minister, a cabinet minister on the recommendation of the PM, and the Leader of Opposition in the Lok Sabha. To elect election commissioners, the decision is required with a a 2:1 majority. The bench noted that a cabinet minister in the panel is unlikely to differ from the Prime Minister's view. The bench also said that the selection process for the Election Commissioners was more important, as it upholds democracy by conducting free and fair elections.

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Earlier, on March 20, CJI Surya Kant recused himself from hearing the petitions challenging the December 2023 act. "I will be accused of conflict of interest. There is a conflict of interest," the CJI had said.The law, enacted by Parliament in December 2023, came months after a landmark verdict by which the apex court directed that election commissioners be appointed by a committee comprising the prime minister, the Leader of Oppositio in the Lok Sabha, and the chief justice of India. Notably, the law dropped the CJI from the selection panel.The bench had said that the system will remain in force till a law is enacted. Under the 2023 Act, the selection committee consists of the Prime Minister, a union minister nominated by the Prime Minister, and the leader of the opposition (or leader of the largest opposition party in the Lok Sabha). The PILs said the exclusion of the CJI from the panel undermines the independence of the appointment process.