The Supreme Court in the case Association for Democratic Reforms v. Union of India observed and has agreed to hear the petitions on March 15, 2024, wherein it challenged the appointment procedure of Election Commissioners under the new Chief Election Commissioner and Other Election Commissioners, the Appointment, Conditions of Service and Term of Office Act, 2023, Act.
In the present case, the petitions are moved by the Association for Democratic Reforms, ADR and Dr. Jaya Thakur, the general secretary of the Madhya Pradesh Mahila Congress Committee. The bench comprising of Justice Sanjiv Khanna, Justice MM Sundresh and Justice Bela M Trivedi was hearing the present matter. The bench of Justice Khanna asked the Counsel appearing to follow proper procedure by moving a mentioning slip. It has also been informed by Justice Khanna that the petitions are listed for Friday. Justice Khanna told Advocate-on-Record Prashant Bhushan that, I just got the message from the Chief Justice, the matters are listed for Friday.
Therefore, the present development comes on the heels of Election Commissioner Arun Goel’s resignation as well as the likelihood of a high-level selection panel which is headed by Prime Minister Narendra Modi for filling the impending vacancies in the Election Commission by March 15.
The petitioner have filed interlocutory applications wherein it seeks to direct the Union to immediately appoint a new member of the Election Commission in accordance with the decision in the case, Anoop Baranwal v. Union of India decision, wherein the court directed that appointments to the posts of chief election commissioner and election commissioners should be made by the president which is based on the advice tendered by a committee which consist of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.
However, the ADR’s public interest litigation under Article 32 of the Constitution more specifically challenges Section 7 of the Act for allegedly violating Article 14 and the basic features of the Constitution. Thus, the said section outlines the appointment process, wherein it is stated that the chief election commissioner and other election commissioners shall be appointed by the president on the recommendation of a selection committee.
The committee consists of the Prime Minister as chairperson, the Leader of Opposition in the House of the People as a member, and a Union Cabinet Minister nominated by the Prime Minister as another member. Accordingly, the court listed the matter listed for further consideration on March 15, 2024.