“Independence of Election Commission or any organisation or authority, does not arise from and is not attributable to the presence of a judicial member in the Selection Committee."
GUWAHATI: The Centre has filed an affidavit opposing the batch of pleas seeking stay on the Chief Election Commissioner and Other Election Commissioners Act, 2023 stating that the independence of the Election Commission is not attributable to the presence of a judicial member in the Selection Committee
A petitioner had alleged that the government had hastily appointed two Election Commissioners on March 14 in order to pre-empt any orders passed by the Supreme Court next day on March 15, when the matters were listed for hearing.
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The affidavit sworn by an additional secretary in the law ministry states, “Keeping in mind the ensuing national general election of such wide magnitude, geographical width and amplitude, and simultaneous elections of four states, it would have been humanly not possible for one chief election commissioner to discharge his functions alone. Therefore, two Election Commissioners were appointed on March 14, who have assumed significant functional, administrative and policy responsibilities in the commission. The schedule for the national general elections was also announced on March 16 and the process has started.”
The Centre further contended that the case is based on a "fundamental fallacy" that the independence of an institution can be maintained only when the selection committee is of a “particular formulation,” while stating, ".. the independence of the Election Commission, or any other organisation or authority, does not arise from and is not attributable to the presence of a judicial member in the Selection Committee."
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Earlier, Congress leader Jaya Thakur and the Association for Democratic Reforms (ADR) had filed interlocutory stay applications in pending legal challenges against the 2023 Act, contending that the new act overturns the Constitution Bench’s decision in Anoop Baranwal case of 2023 which had held that new Election Commissioners would be appointed by the President of India on the advice of a committee comprising the Prime Minister, and leader of Opposition in the Lok Sabha (or leader of largest opposition party), and the Chief Justice of India until a new act is passed by the Parliament.
The Bench had observed that leaving the appointment of election commission members in the hands of the executive would be detrimental to the health of democracy and the conduct of free and fair elections.
Later the new Act passed by the Parliament replaced the Chief Justice of India with a Union Cabinet minister nominated by the Prime Minister, which the petitioners argue makes the selection process vulnerable to executive influence.