New Delhi: In a move shaking the core of India’s democratic structure, the Association for Democratic Reforms (ADR) has petitioned the Supreme Court to urgently hear its challenge against the constitutionality of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023. This legal maneuver underscores ADR’s grave concerns over what it deems a detrimental law to the health of democracy and the fairness of elections.
According to reports from Live Law, the contentious Section 7 delineates the procedures for appointing the chief election commissioner and two other election commissioners, constituting the vital triad responsible for steering the Election Commission of India.
Criticism of the Act has been fervent since its passage in December, primarily centered around the exclusion of the Chief Justice of India from the selection panel responsible for appointing election commissioners. Instead, the Act mandates the inclusion of a Union Cabinet minister nominated by the Prime Minister, effectively sidelining the judiciary from this crucial process. This alteration in the appointment mechanism has raised concerns regarding undue influence and partisan agendas, particularly in light of the dominance it affords the ruling Bharatiya Janata Party (BJP) in the appointment of India’s election commissioners.
The Supreme Court’s response to the validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, remains pending, heightening anxieties as the country approaches crucial elections.
With the Lok Sabha elections looming on the horizon, the Election Commission finds itself in a precarious position. Following the resignation of one election commissioner, Arun Goel, and the retirement of another, Anup Chandra Pandey, the commission now operates with only one member, Chief Election Commissioner Rajiv Kumar. The sudden departure of Arun Goel, announced by the Union law ministry without clarification on Saturday, further exacerbates the urgency of the situation.
The tumult surrounding the CEC Act intensifies as stakeholders grapple with its potential ramifications on the democratic fabric of India. ADR’s plea for an expedited hearing underscores the gravity of the situation, emphasizing the imperative of safeguarding the integrity and impartiality of India’s electoral processes. As the legal battle unfolds in the hallowed chambers of the Supreme Court, the future contours of India’s electoral landscape hang in the balance, awaiting the judiciary’s verdict on this pivotal issue.