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New Delhi: In response to pleas challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, the Supreme Court has declined to stay the operation of the law. The court has issued a notice to the Centre, seeking a response before scheduling a detailed hearing in April.
The President granted assent to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023 on December 28, 2022. This legislative move, prompted by a Supreme Court judgment, aimed to regulate the appointment and service terms of the Chief Election Commissioner (CEC) and election commissioners.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was passed by both the Lok Sabha and the Rajya Sabha. The legislation addresses various aspects, including the appointment process, qualifications, search committee, Selection Committee, term of office, salary, resignation and removal, leave, and pension of the Chief Election Commissioner and other election commissioners.
On March 2, 2023, in response to a writ petition, the Supreme Court directed that the appointment of the CEC and ECs shall be made by the President based on advice from a committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha or leader of the largest opposition party in the House, and the Chief Justice of India. The court noted that this norm would continue until a law is enacted by the Parliament.
Despite the enactment of the Election Commissioners Act, 2023, the Supreme Court has chosen not to stay its operation, opting instead to examine the constitutional challenges raised in the pleas. The court’s decision to issue notice to the Centre sets the stage for a more extensive hearing on the matter scheduled for April.
