New Delhi: The Supreme Court has expressed “concern” at the “procedure adopted” by the Union government while selecting two new election commissioners – Gyanesh Kumar and Sukhbhir Singh Sandhu – this month.
On Thursday, the court had refused to quash these appointments. However, in the written order made available now, the court has expressed concern on “full details and particulars of the candidates (not) being circulated (among) all members of the selection committee”, The Telegraph has reported.
The only opposition member in the selection panel – Congress leader Adhir Ranjan Chowdhury – had said he expressed his dissent on the appointments, questioning the process followed. He told reporters that the shortlist of candidates was not made available to him in advance, and that he was only given a list of 212 officers on a day before the selection meeting.
The court had said that staying these appointments would lead to “chaos” so close to the 2024 general elections. However, the bench of Justice Sanjiv Khanna and Justice Dipankar Datta also said in their order: “We must, however, express our concern on the procedure adopted for selection of the incumbents to the two vacant posts of ECs, a significant constitutional post. Such selections should be made with full details and particulars of the candidates being circulated to all members of the selection committee.”
The bench had heard petitions by Congress leader Jaya Thakur, the Association for Democratic Reforms, and others, questioning the new Chief Election Commissioner and Other Election Commissioners Act, 2023. The petitioners particularly challenged the amendment that removed the country’s topmost judge from the panel to select election commissioners.
The new act replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. It provides for the appointment, salary, and removal of the Chief Election Commissioner and Election Commissioners.
The new selection panel is headed by the prime minister and has just one opposition member. It also – as the petitioners highlighted – violates the apex court’s ruling last year that Election Commission members be selected by a panel that is not dominated by the government so as to ensure its independence.
On March 14, this three-member selection panel appointed two former Indian Administrative Service officers – Gyanesh Kumar and Sukhbir Singh Sandhu – as election commissioners. Read more about the two here.
