Shouldn't Selection Panel on CEC, ECs Have a Show of Fairness? SC Asks Centre
The government argued Parliament can change the selection panel and urged the court not to presume bad faith in constitutional appointments.
- On Thursday, the Supreme Court asked the government whether the panel selecting the Chief Election Commissioner should "not have any show of fairness," while reserving judgment on referring challenges to the 2023 Act to a larger bench.
- The 2023 Act, passed by Parliament, replaced the Chief Justice with a Cabinet Minister on the selection panel, prompting petitions arguing this exclusion undermines independence of the appointment process.
- Solicitor General Tushar Mehta defended the law, arguing the Prime Minister's office holds "sanctity attached" to it and contending it is wrong to presume the government would act in "bad faith."
- Justice Dipankar Datta questioned the committee's "two versus one" composition, stating the issue is not distrusting the Prime Minister but ensuring "justice not only being done, but shown to be done."
- With the court reserving its order on forming a five-judge Constitution Bench, the hearing exposed ongoing tension regarding the Executive's role in appointments, as Justice Datta questioned if "judges are really selecting judges nowadays.
17 Articles
17 Articles
What did Modi govt say in court over exclusion of CJI for appointing Chief Election Commissioner
"The office of the prime minister has a certain sanctity attached. If his decisions are not to be trusted and are to be seen as necessarily a bad faith exercise, then why not have a provision that even while selecting his cabinet, he must consult some other former judge or outsider," submitted solicitor-general Tushar Mehta.
No reason to doubt PM: Govt defends Election Commissioner appointment in SC
The Supreme Court reserved its order on whether challenges to the 2023 CEC appointments law should go to a larger Bench. The hearing centred on the Centre's defence of the Prime Minister's role and the court's emphasis on visible fairness.
During a Supreme Court hearing on the Chief Election Commissioner's appointment process, the central government argued that the selection panel should have the Prime Minister's confidence and that the CJI's inclusion was not necessary. The Supreme Court clarified that this was not a matter of distrust in the Prime Minister, but rather of ensuring fairness and transparency in the process.
SC reserves order on referring matter of appointment of CEC, ECs to larger bench: ‘Show of fairness’
The Supreme Court observed that two members on the panel selecting Election Commissioners are on the side of the government, and only one member remains on the other side.
'Why Exclude CJI?' SC Questions Centre As Govt Defends Chief Election Commissioner Selection Panel
<p>The Supreme Court on Thursday raised sharp questions over the Centre's decision to exclude the Chief Justice of India (CJI) from the committee that appoints the Chief Election Commissioner (CEC) and Election Commissioners (ECs). Hearing petitions challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the court repeatedly emp…
Shouldn’t there be show of fairness: Supreme Court on PM panel choosing Chief Election Commissioner
The bench was hearing petitions challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which provides for their selection by the three-member panel.
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