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A bench of Justices Sanjiv Khanna and Dipankar Datta issued a notice to the Centre on a plea filed by NGO Association for Democratic Reforms and tagged it with two similar pending petitions by Congress leaders Jaya Thakur and Sanjay Narayanrao Meshram.
The Supreme Court, however, has chosen not to stay the operation of the Election Commissioners Act, 2023, at this juncture. This decision suggests a cautious approach by the judiciary, allowing the legislative process to proceed while considering the constitutional implications raised by the petitioners.
The Centre is allegedly proposing a bill through which the committee to select the Chief Election Commissioner and Election Commissioners will consist of the Prime Minister, Opposition leaders, and nominated Central government ministers and not CJI.
While the judgment produces an outcome that strengthens Indian democracy, it could have done so in a way that equally strengthens the court’s institutional legitimacy.
A judge pointed out that from the pool of a large number of officers, the government has selected only those people who are never going to complete the six-year tenure.