New Delhi:
The Congress has objected to the collection of a Chief Election Commissioner when the legislation for appointment to put up has been challenged within the Supreme Courtroom. Chief of the Opposition, Congress’s Rahul Gandhi, attended a gathering with Prime Minister Narendra Modi and Union Residence Minister Amit Shah this night to select a successor to Rajiv Kumar who retires tomorrow. However after the meet, he submitted a dissent observe, saying the assembly mustn’t have been held for the reason that matter is pending within the Supreme Courtroom.
The highest court docket is predicted to listen to the matter on February 22.
Sources mentioned the federal government didn’t wish to postpone the choice course of as it will depart a emptiness within the ballot fee. The court docket had not stayed the appointment and authorized opinion was sought and given and the committee headed by PM was instructed to go forward, sources mentioned.
The appointment orders of the brand new Chief Election Commissioner and the opposite Fee members is predicted to be signed by President tomorrow.
“When the Supreme Courtroom has indicated that it will be listening to the matter on the twenty second, we needed the assembly to be postponed. The authorized staff of the Congress has additionally endorsed the choice,” the Congress mentioned.
Sources within the Congress mentioned, ‘We won’t function in ego and the assembly must be postponed in order that the Supreme Courtroom takes an early resolution”.
His occasion has alleged that the federal government desires management of Election Fee and isn’t involved about its credibility.
Historically, the President of India appoints the Chief Election Commissioner — seen as the primary amongst equals – on the recommendation of the Prime Minister. Additionally historically, the seniormost of the 2 remaining election commissioners is appointed CEC. Going by that rule, Gyanesh Kumar is prone to be appointed as CEC.
However this time, the brand new CEC is predicted to be appointed underneath a brand new legislation – Chief Election Commissioner And Different Election Commissioners (Appointment, Situations of Service And Time period of Workplace) Act, 2023.
Below this, a committee headed by the legislation minister has to shortlist 5 candidates and the choice staff – the Prime Minister, Chief of the Opposition and a cupboard minister has to make the ultimate choice.
This legislation, nonetheless, has been challenged within the Supreme Courtroom. The rivalry is that the inclusion of a cupboard minister as a substitute of the Chief Justice, as was anticipated, robs the panel of neutrality.
This new legislation was made after the Supreme Courtroom, following a clutch of petitions, dominated in 2023 {that a} choice committee comprising the Prime Minister, the Chief of the Opposition within the Lok Sabha and the Chief Justice of India would choose the Election Commissioners and the CEC till Parliament enacted a legislation.
In December 2023, a brand new legislation was handed that modified the composition of the choice committee, changing the Chief Justice of India with a “Union Cupboard Minister to be nominated by the Prime Minister”.