Supreme Court Of India
Dr. Jaya Thakur & Ors. vs Union Of India & Anr.
Writ Petition (Civil) No 11, 13, 14, 191 of 2024 On 22 March 2024
Hon'ble Judges: Sanjiv Khanna, Dipankar Datta
Case Type: Writ Petition (Civil)
Final Decision:
Advocates:
Citations:
2024 0 CJ(SC) 166
ACTS REFERRED:
Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, Section 7(1)
Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, Section 7
Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, Section 6
Constitution of India, Article 324(2)
Constitution of India, Article 324
Constitution of India, Article 32
(A) Constitution of India, Article 32, Article 324, Article 324(2) - (B) Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, Section 6, Section 7(1), Section 7
Judgement Text
1.
This order records reasons and decides the applications for stay of selection
and appointment of the Election Commissioners [For short, "EC"], in the writ
petitions filed under Article 32 of the Constitution of India [For short,
"Constitution"], inter alia, challenging the vires of Section 7(1) of the Chief
Election Commissioner and other Election Commissioners (Appointment, Conditions
of Service, and Term of Office) Act, 2023 [For short, "2023 Act"].
2.
The primary grounds of challenge are twofold. First, Section 7(1) of the 2023
Act dilutes, if not amends or modifies, the judgment of this Court’s
Constitution Bench in Anoop Baranwal v. Union of India (2023) 6 SCC 161, by
substituting the Chief Justice of India [For short, "CJI"] with a Union Cabinet
Minister nominated by the Prime Minister in the Selection Committee for the
post of the Chief Election Commissioner [For short, "CEC"] and the ECs.
Secondly, the provision has a direct and potential impact on the conduct of
transparent, free and fair elections, one of the foundational requirements of
democracy.
3.
That apart, the selection process of the ECs, as adopted in the present case,
has been challenged on the ground of procedural irregularity, affecting the
fairness, transparency and objectivity in the selection process in question.
The Leader of Opposition in the House of
