Centre defends dropping CJI from selection panel, says EC's independence doesn't stem from judicial member's presence
Supreme Court the appointment of two new election commissioners (ECs) under a 2023 law that excludes the Chief Justice of India from the selection committee, saying the independence of the Election Commission does not arise from the presence of a judicial member on the committee. In an affidavit filed in the apex court, the Union Law Ministry rejected the petitioner's claim that the two election commissioners were hastily appointed on March 14 to «pre-empt» the orders of the top court the next day, when the matters challenging the 2023 law were listed for hearing on interim relief.
The affidavit has been filed in response to a batch of pleas, including those by Congress leader Jaya Thakur and the Association for Democratic Reforms, challenging the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act, 2023.
«It is submitted that the case of the petitioners is premised on one fundamental fallacy that the independence can only be maintained in any authority when the selection committee is of a particular formulation. It must be noted that the independence of the Election commission, or any other organisation or authority, does not arise from and is not attributable to the presence of a judicial member in the selection committee,» the affidavit said.
Refuting the petitioners' claim that no list of probable appointees was shared with the opposition, the Centre submitted that the names of short-listed persons were made available to Leader of the
