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3 days ago
8
NEW DELHI: The Supreme Court on Wednesday was unable to initiate final hearing on a bunch of petitions challenging a 2023 law that altered the SC-framed composition of the panel for selection of
chief election commissioner
(CEC) and ECs as the day’s adjudication time-plan was consumed by important pre-scheduled cases.
Lawyers appearing for the petitioners led by Prashant Bhushan made three attempts during the day before a bench of Justices Surya Kant and N Kotiswar Singh for getting the petitions, listed at serial number 41, heard out of turn on Wednesday.
Solicitor general Tushar Mehta, who will defend the legislation, informed the bench that he was engaged for the day before a five-judge constitution bench led by CJI Sanjiv Khanna, which is adjudicating certain issues impeding the smooth implementation of arbitration awards. “The bench may consider taking it up on some other day,” he requested.
Bhushan said the SG is appearing in almost all cases and will always be busy in one or the other court. “There are 17 law officers. He has already made his submissions before the constitution bench. He can depute other law officers for other cases and not seek adjournment in the hearing of a very important case like this,” he said.
The SG said, “I will not stoop low to make such arguments and will leave it to the court to consider my request.” The bench said if the two or three important matters, which included the decades old tussle between Kerala and TN over issues relating to Mullaperiyar dam and Kerala’s plea against Centre’s authority to appoint vice-chancellor for its agricultural university, get over, it would certainly commence hearing.
The matter was again mentioned for urgent out of turn hearing at the commencement of the post-lunch session, but the bench was amid hearing the Kerala-Centre dispute. At the end of the day, Bhushan again requested an urgent hearing.
After examining its calendar of cases scheduled for hearing for the next month, the bench initially said it would be able to take up hearing only on March 19. However, on persistence of Bhushan, it said it would consider listing it as soon as possible to accommodate these petitions for an out of turn hearing.
On February 3, the bench had rejected petitioners’ plea for stay on selection of CEC Rajiv Kumar, who now has been succeeded by Gyanesh Kumar. The petitioners have challenged the validity of the CEC and other ECs (Appointment, Conditions of Officer and Terms of Office) Act, 2023.
A five-judge SC bench on Mar 2, 2023, in Anoop Baranwal case, had noticed a legislative vacuum on the process for selection of CEC and ECs and directed that a panel comprising the Prime Minister, the leader of the opposition and the Chief Justice of India would advise the President on appointments the Election Commission of India. The new law, which came into force from Dec 29, 2023, replaced the CJI with a Union cabinet minister chosen by the PM.
Petitioners argue that the executive has a firm grip over the entire selection process which creates a doubt in the people’s mind about the fairness of the election commission, which in turn puts a question mark on the free and fairness of elections.
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