Supreme Court to hear petition on Appointment of Poll Officers on March 15

The Supreme Court is set to hear a petition filed by the Association for Democratic Reforms (ADR) on March 15, challenging provisions of the law that excludes the Chief Justice of India from a panel responsible for selecting election commissioners. The petition was brought before a bench led by Justice Sanjiv Khanna on Wednesday, with advocate Prashant Bhushan representing ADR. This comes after the resignation of election commissioner Arun Goel and the retirement of Anup Chandra Pandey, leaving both positions vacant just days ahead of the 2024 Lok Sabha elections.

The ADR seeks the appointment process to adhere to the court's ruling, which mandates that the President appoints election commissioners based on the recommendation of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.

In March of the previous year, the Supreme Court, in response to a writ petition, outlined guidelines for the appointment of Chief Election Commissioners and other Election Commissioners. According to the court's directive, these appointments should be made by the President based on the recommendation of a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha or the leader of the largest opposition party, and the Chief Justice of India. However, the enactment of The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, replaced the Chief Justice of India with a Union minister. This move has drawn criticism from many of the Opposition, who view it as an attempt by the government to exert control over the body responsible for overseeing the country's election process.

The resignation of sudden resignation of Election Commissioner Arun Goel just days before the anticipated announcement of the Lok Sabha election schedule marked the second departure of an election commissioner from the three member panel after the retirement of the retirement of Anup Chandra Pandey in February. Following Goel’s resignation, the Opposition has raised questions and concerns about the stability and independence of the Election Commission, particularly amid allegations of political interference and changes in the appointment process outlined by the Supreme Court.

Currently, to choose election commissioners, a team led by Law Minister Arjun Ram Meghwal will create two groups, each containing five names for the two positions. Then, another group led by Prime Minister Narendra Modi, along with a Union Minister and Congress Leader in Lok Sabha Adhir Ranjan Chowdhury, will select two individuals for the roles. As per reports, this selection group will meet either today or tomorrow, and both positions could be filled in by Friday.