“They have brought an Act by which they have removed the chief justice and brought in another minister, effectively making the commissioners appointment only at the pleasure of the government. You need to have an independent committee to appoint the election commissioners,” he said.On March 15, 2024, the top court refused to stay the appointments of the new ECs under the 2023 law which excluded the CJI from the selection panel and deferred the hearing on a batch of pleas challenging the appointments.The apex court told the petitioners that the March 2, 2023 verdict directed for the three-member panel comprising the Prime Minister, Leader of Opposition and the CJI to operate till Parliament enacted a law.The NGO Association for Democratic Reforms has challenged the CJI’s exclusion and contended the election commission should be insulated from “political” and “executive interference” for maintaining a healthy democracy.ADR’s plea alleged the verdict was overruled by the Centre without removing its basis and the composition of the selection committee under the new law which amounted to excessive interference of the executive in the appointments and was detrimental to the independence of the poll panel.Former IAS officers Gyanesh Kumar and Sukhbir Sandhu were recommended to be appointed as ECs in 2024 by a selection panel chaired by Prime Minister Narendra Modi under the new law.The NGO challenged the validity and sought a stay on the operation of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which excluded the CJI.The apex court’s March 2, 2023 verdict held that leaving the appointment of the ECs and CEC in the hands of the executive would be detrimental to the health of the country’s democracy and the holding of free and fair elections.
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