New Delhi, Sep 24 The remark by Justice Dipankar Dutta of the Supreme Court that an umpire selected by the side that wins will always be under a shadow of doubt brings to mind the Opposition’s stand in Parliament when the bill on appointment of members of the Election Commission came up for consideration.
The Bench of Justices Datta and Satish Chandra Sharma delivered a split verdict on Wednesday on the 2023 law on the appointment of the chief election commissioner and other commissioners.
Justice Datta observed that including a Union Cabinet minister on the Chief Election Commissioner and Other Election Commissioners Act, 2023 selection panel fails the “perception test” and grants the executive an effective veto.
In December 2023, when the bill came up for consideration and passage in the Rajya Sabha, and later in the Lok Sabha, some Opposition members had raised similar issues.
They had argued that the bill compromises the independence and impartiality of the Election Commission, which in turn undermines democratic legitimacy.
In the Lok Sabha, AIMIM leader Asaduddin Owaisi had said that the legislation overturns the Supreme Court decision by excluding the Chief Justice of India (CJI) from the Selection Committee.
The Opposition had noted that the Selection Committee is heavily weighted with government representatives, leaving the Leader of the Opposition as the sole independent voice.
The bill was passed by Parliament, and Gyanesh Kumar and Sukhbir Singh Sandhu were appointed as election commissioners under the new law.
The Leader of the Opposition, Adhir Ranjan Chowdhury, had given his dissent.
In February last year, Kumar became the first CEC to be appointed under the new law.
Vivek Joshi was appointed as an election commissioner the same day that Kumar was elevated as CEC.
(PTI News)
