The government has opposed any stay on the law to appoint election commissioners, arguing that any challenges to the legislation are politically motivated and “created only on basis of unsupported and pernicious statements”. The government also pointed out challenges to the Chief Election Commissioners Act did not question credentials of persons appointed to the Election Commission.
Responding to the petitioners, the government on Wednesday underlined the point that no objection had been raised about the competence or eligibility of either of the two new appointees. “Instead, a political controversy is sought to be created… only on the basis of bare, unsupported, and pernicious statements about vague and unspecified motives…” the government said.
The government also said the petitioners had failed to submit objections about the qualification of any candidate to hold a Constitutional post, and that, on this ground alone, it should be dismissed.
The CEC Act removes the Chief Justice of India from a high-level panel to select members of the Election Commission; under this law the three-member committee now includes the Prime Minister, a member of the union cabinet, and the Leader of the Opposition. The removal of the Chief Justice – seen as an impartial vote – has given rise to concerns the government can force-pick its nominees.
However, the government today argued independence of the ECI – tasked with organising polls- does not follow because a member of the judiciary is on the panel that selects the commissioners.
READ | Supreme Court Refuses To Stay Law To Appoint Election Commissioners
Individuals holding such high office are “presumed to act fairly”, the government said.
The Supreme Court is hearing yet another petition challenging exclusion of the Chief Justice from the panel that appoints election commissioners. Last month it refused, for a second time, to ban the law.
All of this comes with the Lok Sabha election now less than a month away.
READ | Petition In Top Court To Restrain Centre From Appointing Poll Officers
The CEC Act came into sharp focus after two new Election Commissioners were appointed this month, days before the ECI announced dates for the Lok Sabha and four Assembly polls.
Arun Goel stepped down from the panel earlier this month and Anup Chandra Pandey retired last month, leaving only Chief Election Commissioner Rajiv Kumar on the three-member panel.
READ | Why Election Commissioner Arun Goel Resigned Weeks Before 2024 Polls
The appointments of Gyanesh Kumar and Sukhbir Singh Sandhu were promptly challenged, but have not, so far, been struck down or stayed by the Supreme Court.
The most recent petition against the CEC Act has been filed by the Association for Democratic Reforms, or ADR, an apolitical and non-partisan non-profit organisation working electoral and political reforms.
Last year, a Constitution bench of the Supreme Court ruled top poll officials must be appointed on the recommendation of a committee comprising the Chief Justice, the PM and the Leader of the Opposition.
Months later, the government passed a legislation dropping the Chief Justice from the selection panel and replacing him/her with a Union Minister, effectively giving itself a 2:1 majority.
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