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A new law was enacted in December 2023 on the appointment of CEC and EC.
The Supreme Court will hear the petition challenging the law for the appointment of Election Commissioners on Wednesday. The case was to be heard on February 12, but the case was not listed on that day.
Senior advocate Prashant Bhushan then raised the case in front of the bench of Justice Suryakant and Justice N. Kotishwar Singh. He said-
CEC Rajiv Kumar is retiring on 18 February. The government can appoint a new CEC, so the court should hear soon.
On this, the court, while giving the date of February 19, said that in the meantime, if something happens, it will be subject to the decision of the court, so it is not a matter of concern. Here on February 17, the Central Government has appointed Gyanesh Kumar as Chief Election Commissioner.
Now know what is the whole matter …
2 March 2023: Supreme Court verdict- It is necessary to include CJI in the selection panel The 5 -member Constitution Bench of the Supreme Court said in its judgment that a panel would appoint Election Commissioners. It will include the Prime Minister, Leader of Opposition in the Lok Sabha and Chief Justice of India (CJI).
This committee will be recommended by the names of the Chief Election Commissioner (CEC) and Election Commissioner (EC). After this, the President will appoint them. Earlier, the Central Government used to appoint Election Commissioners.
The court had also said that this process would remain in force until Parliament enacts a law on their appointment.
21 December 2023: New Bill Pass related to appointment of Election Commissioners The central government brought a new bill related to the appointment, service, conditions and tenure of CEC and EC. Under this, the Election Commissioners will be appointed as a panel of three members. It will include the Prime Minister, Leader of Opposition in the Lok Sabha and a Union Cabinet Minister. CJI was excluded from this panel. The bill passed in both houses during the winter session on December 21, 2023.
Opposition had objected to the new law On this law, opposition parties said that the government is weakening it by bringing a bill against the order of the Constitution Bench of the Supreme Court. Congress worker Jaya Thakur has filed a petition in the Supreme Court.
The petition said that Section 7 and 8 of the law violates the principle of independent and fair elections as it does not provide independent mechanism for the appointment of Election Commissioners. Amid this dispute, the Center appointed Gyanesh Kumar and Sukhbir Singh Sandhu as Election Commissioner in March 2024.
How many commissioners can be in Election Commission No number has been fixed in the Constitution regarding how much the Election Commissioners can be. Article 324 (2) of the Constitution states that the Election Commission may have the Chief Election Commissioner and other Election Commissioners. It depends on the President how much their number will be. After independence, the Election Commission had only the Chief Election Commissioner in the country.
On 16 October 1989, Prime Minister Rajiv Gandhi’s government appointed two more Election Commissioners. This made the Election Commission a multi-member body. These appointments were first made from the 9th general election. At that time it was said that this Chief Election Commissioner was done to cut off on RVS Perry Shastri.
On 2 January 1990, the VP Singh government amended the rules and again made the Election Commission a member body. On October 1, 1993, the PV Narasimha Rao government again approved the appointment of two more Election Commissioners through the ordinance. Since then, the Election Commission has two Election Commissioners with the Chief Election Commissioner.
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Read this news related to Election Commission …
Election Commission said- not cure for suspicion, we were called missing Gentlemen but made a world record of voting
Chief Election Commissioner (CEC) Rajiv Kumar said, ‘We were made false allegations. We were called the missing Gentlemen, but during this time the world record of voting became in the country. This is the strength of our democracy. A day before the counting of Lok Sabha elections, CEC said this in a press conference. Read full news …