‘Do we have the right to legislate?’, questions SC:Apex court claims, ‘Its Parliament’s right’; discussion on appointment process of CEC EC

The Supreme Court on Wednesday questioned whether or not it is allowed to direct Parliament to make a new law. The question came while hearing a petition challenging the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (EC). A bench of Justice Dipankar Datta and Justice Satish Chandra Sharma said that a petition sought a direction to Parliament to make a law. But can the court issue such a direction, and is this petition maintainable, as making laws is the prerogative of Parliament? What is the entire case? Actually, in 2023, a 5-judge bench of the Supreme Court had stated that the 3-member committee determining the appointment of CEC and EC should include the Prime Minister, the Leader of the Opposition, and the Chief Justice. Subsequently, the government enacted a law to include a cabinet minister nominated by the Prime Minister in place of the Chief Justice in the committee. This law has been challenged by several petitioners, including Congress leader Jaya Thakur and the Association for Democratic Reforms (ADR). They argue that removing the CJI from the selection committee affects the fairness of the appointment process. Government’s Argument Rejected Solicitor General Tushar Mehta sought time, citing his engagement in a nine-judge bench dealing with religious issues like Sabarimala. The court rejected this request. The bench of Justice Datta and Justice Sharma stated that this matter is more urgent than other pending subjects and should be given priority. March 2, 2023: ‘Inclusion of CJI in selection panel is mandatory’, says SC On March 2, 2023, the Supreme Court, on the appointment of the Chief Election Commissioner and Election Commissioners, ordered that the appointment of Election Commissioners would be done by a panel. This panel would include the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the CJI. Earlier, only the central government selected them. The 5-member bench said that this committee would recommend names to the President. After this, the President would give their assent. The Supreme Court had clearly stated in its order that this process would remain in force until Parliament enacts a law regarding the appointment of Election Commissioners. December 21, 2023: New bill related to the appointment of Election Commissioners passed in both houses of Parliament Against the Supreme Court’s decision, the central government last year, during the monsoon session, introduced the Chief Election Commissioner (CEC) and Other Election Commissioners (EC) (Appointment, Conditions of Service and Term of Office) Bill, 2023. Under this bill, the appointment of election commissioners will be done by a three-member panel. It will include the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister. The CJI was excluded from the panel. The bill was passed by both houses during the winter session in December.