The plea against Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 has been filed by Congress leader Dr Jaya Thakur.
The recently-passed law allows appointment to the posts of CEC and Election Commissioners by a Selection Committee comprising the Prime Minister (PM), a Union Cabinet Minister and the Leader of Opposition in Lok Sabha.
The petitioner contends that the provisions of the enactment are violative of the principle of free and fair elections since it does not provide an “independent mechanism” for appointment of the members of ECI.
Pertinently, it argues that the law is in violation of Supreme Court’s judgement in the case of Anoop Baranwal v. Union of India and ors as it excludes the Chief Justice of India (CJI) from the process of appointment of the members of Election Commission of India (ECI).
By doing so, the judgement of the Supreme Court stands diluted as the Prime Minister and his nominee will always be “the deciding factor” in the appointments, it is stressed.
The petitioner’s counsel on Friday submitted that the law is “against the separation of powers”.
Source: Barandbench
