Plea Filed in Supreme Court to Halt Union Government’s Election Commissioner Appointments Amid Controversy

On March 11, CFDRA reported that a plea has been filed in the Supreme Court seeking to prevent the Union government from appointing the Chief Election Commissioner and other Election Commissioners. The plea refers to Section 7 and 8 of the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Terms of Office) Act 2023. Additionally, the plea requests the appointment of a member of the election commission in accordance with the Arup Baranwal judgment.

The resignation of Arun Goel, who was next in line to become the chief election commissioner by the Supreme Court, has caused concern in India ahead of the crucial Lok Sabha elections. This resignation leaves CEC Rajiv Kumar as the sole election commissioner. The appointment of two new election commissioners is expected to occur this week, and a high-level selection committee headed by Prime Minister Narendra Modi is set to meet for this purpose on March 14.

In December 2023, a new law for the appointment of Election Commissioners was approved by the President. The selection committee for CECs and other Election Commissioners includes the Prime Minister, the leader of the Opposition, and a Union Cabinet minister.

The appointment of CECs and ECs was ruled to be the responsibility of the President on the advice of a committee consisting of the Prime Minister, the leader of the Opposition in the Lok Sabha, and the Chief Justice of India by the Supreme Court in March 2023. However, in January 2024, the court declined to stay the operation of the new law by the Supreme Court. This indicates that the panel is now in charge of appointing CECs and ECs in accordance with the new law.

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