NEW DELHI: The Supreme Court on Wednesday questioned whether it can direct Parliament to enact a law mandating the inclusion of the Chief Justice of India (CJI) in the selection panel for appointing Election Commissioners.
A bench of Justices Dipankar Datta and Satish Chandra Sharma said, "It is a prerogative of the Parliament to make the law. Courts cannot direct the Parliament to make a law."
The apex court was hearing a batch of petitions challenging the validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which removed the CJI from the selection panel for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
During the hearing, a counsel appearing for one of the petitioners contended that the Act gives primacy to the executive and is contrary to the Constitution Bench judgement, which laid down a process in which appointments had to be made by a committee comprising the Prime Minister, the Leader of Opposition (LoP), and the Chief Justice of India.
The bench also said that its judgment, which allows the CJI in the selection panel, was an arrangement made in the absence of a law. "The court said certain norms should be laid down to be followed till law is laid down. When a law is framed, can you say these norms are not being followed?" asked the judges.
The petitioners contended that the 2023 Act effectively ensures that candidates favoured by the Prime Minister would be appointed, thereby undermining the independence of the Election Commission. They argued that the selection process should not be controlled by the ruling party, counsel added. The hearing in the case will continue on Thursday. (ANI)