Plea Filed in SC to restrain govt from appointing EC under new act

A plea has been submitted to the Supreme Court seeking to prohibit the Union government from appointing a new election commissioner under the recently enacted Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Terms of Office) Act, 2023. Congress leader Jaya Thakur initiated the petition following the unexpected resignation of Arun Goel, leaving the three-member poll panel with only one member ahead of the crucial Lok Sabha elections. Thakur's plea advocates for adherence to the guidelines established in a prior Supreme Court judgment, stipulating that election commissioners should be appointed by a panel comprising the Prime Minister, Chief Justice of India, and the Leader of the Opposition.

The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, passed in December 2023, replaced the Chief Justice of India with a cabinet minister in the selection panel, prompting concerns about the independence of the appointment process. In January, Thakur approached the apex court challenging the constitutionality of the Act, citing its potential threat to the principle of free and fair elections due to the absence of an "independent mechanism" for appointing Election Commission members. While the court declined to stay the law immediately, it issued notices to the Centre and agreed to examine various petitions contesting the legislation's validity, emphasizing the need for a fair and transparent appointment process.