From the news wire services: The Supreme Court on Wednesday referred the petitions challenging the 2023 law governing the appointment process for the Chief Election Commissioners and Election Commissioners to a larger bench, Live Law reports.
Even though a two-judge bench of Justice Dipankar Datta and Justice Satish Chandra Sharma disagreed on whether the matter should be referred, they ultimately ordered that the matter be placed before the CJI for the constitution of a Constitution Bench of appropriate strength, to avoid further delay.
The bench observed that referring the matter to a 3-judge bench on the preliminary point of reference would be a time-consuming exercise. While Justice Datta opined the Union's demand for a larger bench reference was unwarranted, Justice Sharma held otherwise.
Justice Datta prima facie questioned whether the 2023 law governing the appointment of the Chief Election Commissioner and Election Commissioners provides an independent selection process.
Justice Datta observed that the 2023 Act, prima facie, appeared to confer a veto on the Executive, since the appointment process, by a committee comprising the PM, Union Minister and the Leader of Opposition, fails the "perception trust."
Justice Datta observed that a nominee of the Prime Minister cannot be expected to vote against the Prime Minister. "Free and fair elections depend on a truly independent ECI. It is not enough for the ECI to be independent; it must appear to be independent. The member nominated by the Prime Minister cannot be expected to defy the Prime Minister," Justice Datta observed.