New Delhi, 07 May (H.S.):

The Supreme Court expressed concern on Thursday that successive governments have failed to enact legislation guaranteeing the Election Commission's independence. Justice Dipankar Datta's bench questioned petitioner counsel Prashant Bhushan why Parliament did not pass any law prior to the Baranwal judgment.

The 2023 Anoop Baranwal judgment directed inclusion of the Chief Justice in the panel appointing Election Commissioners. During the hearing, when the court asked why Parliament failed to legislate before Baranwal, Bhushan replied that every government exploited the absence of law. When in opposition, they demand ECI impartiality; once in power, they cease considering it, he stated.

On May 6, the court had asked counsel Vijay Hansaria, representing Congress leader Jaya Thakur, whether it could direct Parliament to enact a law including the CJI in appointments. The court noted law-making is Parliament's exclusive privilege. Hansaria responded that the court could review any law under Article 14.

Besides ADR's petition, Jaya Thakur has filed one seeking CJI inclusion in the selection committee. Practicing Supreme Court lawyers have also petitioned challenging the government's new law post-judgment, demanding CJI inclusion for Chief Election Commissioner and Election Commissioner appointments.

The petition argues transparency requires CJI in the CEC appointment panel.

On March 2, 2023, the Supreme Court ruled for CJI inclusion in the CEC appointment panel. Subsequently, the Centre enacted new legislation replacing CJI with a Cabinet Minister.

---------------

Hindusthan Samachar / Jun Sarkar