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The Narendra Modi government has taken a firm stance against a series of pleas seeking a stay on the Chief Election Commissioner and Other Election Commissioners Act of 2023, which notably excluded the Chief Justice of India from the panel responsible for selecting election commissioners. In response, the government has vehemently dismissed the allegations, labeling them as attempts to stir a “political controversy” based on unfounded claims.
In an affidavit submitted to the Supreme Court, the government refuted accusations that the recent appointments of Gyanesh Kumar and Sukhbir Sandhu on March 14 were rushed to preempt any potential court orders. The affidavit argued that the appointments were necessitated by the sheer magnitude of the upcoming general election, making it humanly impossible for a single Chief Election Commissioner to manage alone.
The legal battle stems from a petition filed by Congress leader Jaya Thakur and the Association for Democratic Reforms (ADR) challenging the Act, which alters the process of appointing election commissioners. Previously, the selection committee comprised the Prime Minister, Leader of the Opposition in Lok Sabha, and the Chief Justice of India. However, the Act removes the Chief Justice from this panel, a move that has drawn criticism and legal scrutiny.
In its defense, the government portrayed the 2023 Act as a step towards a “more democratic, collaborative, and inclusive exercise” in the appointment of election commissioners. It rebuffed the petitioners’ arguments, asserting that institutional independence is not contingent upon the specific composition of the selection committee. Moreover, it dismissed claims of “executive overreach” and “encroachment” on the Election Commission’s autonomy.
The government’s stance sets the stage for a contentious legal battle, as the Supreme Court weighs the constitutional implications of the revised selection process for election commissioners. As India gears up for crucial electoral cycles, the outcome of this legal saga will undoubtedly shape the future of electoral governance in the country.
