THE NEWS FREEDOM
NEW DELHI, MARCH 21
The Supreme Court on Thursday refused to stay the appointments of Election Commissioners Sukhbir Singh Sandhu and Gyanesh Kumar, despite petitions seeking to suspend the implementation of a recently passed law governing their selection process. This law notably excludes the Chief Justice of India from the Prime Minister-led appointment panel. However, the Court, led by Justice Sanjiv Khanna, indicated its intention to thoroughly examine main petitions challenging the new legislation on the appointment of the Chief Election Commissioner and Election Commissioners.
On Wednesday, the Central government staunchly defended its decision to appoint the two new election commissioners under the 2023 law. In its submission to the Supreme Court, the government argued that the independence of the Election Commission does not hinge on the presence of a judicial member on the selection committee.
The Union Law Ministry, in response to various pleas including those from Congress leader Jaya Thakur and the Association for Democratic Reforms, filed an affidavit yesterday rejecting claims that the appointments made on March 14 were rushed to preempt potential court orders expected during hearings on challenges to the 2023 law.
The affidavit emphasized that the petitioners’ argument rested on the mistaken belief that independence in any authority is solely determined by the composition of the selection committee. It stressed that the independence of the Election Commission, or any other organization or authority, does not solely derive from the presence of a judicial member in the selection committee, as per media reports.