SC fixes May 14 for hearing pleas against appointment of CEC, ECs under 2023 law
New Delhi (PTI): The Supreme Court on Wednesday fixed May 14 for hearing a batch of pleas challenging the appointment of the chief election commissioner (CEC) and election commissioners (EC) under the 2023 law.
A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan fixed the date after advocate Prashant Bhushan urged the bench to accord urgent hearing in the matter.
Bhushan, appearing for a petitioner NGO challenging the appointment process, said the issue was covered by the Constitution bench verdict of 2023.
Justice Kant told Bhushan that the court will take up the matter on May 14 by cancelling a special bench matter on the said date.
Bhushan said though the matter is listed in the business of the day of the bench, they are urging the court to take it on top of the board.
Justice Kant said the bench will be taking several part-heard matters involving land acquisition on Wednesday.
On March 19, the top court had fixed April 16 for hearing a batch of pleas challenging the appointment of the CEC and election commissioners under the 2023 law.
Bhushan, appearing for petitioner NGO Association for Democratic Reforms, had earlier told the court that the matter involved a short legal question -- whether the 2023 Constitution bench verdict should be followed for the appointment of the CEC and ECs through a panel involving the prime minister, Leader of Opposition and the Chief Justice of India or the 2023 law, which excludes the CJI from the panel.
He had argued that the government, by appointing the new CEC and EC under the 2023 law, was making a "mockery of democracy".
On February 17, the government appointed EC Gyanesh Kumar as the next CEC.
Kumar is the first CEC to be appointed under the new law and his term would run till January 26, 2029, days before the EC is expected to announce the schedule of the next Lok Sabha election.
Vivek Joshi, a 1989-batch Haryana-cadre IAS officer, was appointed as an election commissioner. Joshi (58) would serve in the poll panel till 2031.
According to the law, a CEC or an EC retires at 65 or could have a tenure in the poll panel for six years.
On March 15, 2024, the top court refused to stay the appointments of the new ECs under the 2023 law which excluded the CJI from the selection panel and deferred the hearing on a batch of pleas against the appointments.
The apex court told the petitioners that the March 2, 2023 verdict directed for the three-member panel comprising the prime minister, Leader of Opposition and the CJI to operate till Parliament enacted a law.
The apex court's verdict held that leaving the appointment of the ECs and CEC in the hands of the executive would be detrimental to the health of the country's democracy and the holding of free and fair elections.
The NGO challenged the CJI's exclusion and said the election commission should be insulated from "political" and "executive interference" for maintaining a healthy democracy.
The ADR's plea alleged the verdict was overruled by the Centre without removing its basis and the composition of the selection committee under the new law which amounted to excessive interference of the executive in the appointments and was detrimental to the independence of the poll panel.
Former IAS officers Gyanesh Kumar and Sukhbir Sandhu were recommended to be appointed as ECs in 2024 by a selection panel chaired by Prime Minister Narendra Modi under the new law.
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India denied Pope Francis’ visit, say Bishops; ‘government did not open the door’
New Delhi: Following the death of Pope Francis at the age of 88, senior Indian bishops have expressed sorrow not only over his passing but also over what they describe as a missed opportunity for India, reported Maktoob Media.
According to Delhi Archbishop Anil Joseph Thomas Couto and Thamarassery Bishop Mar Remigiose Inchananiyil, the Indian government repeatedly failed to grant permission for the Pope's long-awaited visit, despite consistent interest from the Vatican.
“He too was waiting,” said Archbishop Couto. “Five years ago, he had said, ‘I am knocking on the doors of your government, but they are not opening the doors to me.’ Now maybe God has opened the doors for him in heaven.” His words echoed deep regret that India never hosted the late pontiff, who had made clear his intention to visit the country.
Bishop Inchananiyil reinforced the sentiment, stating, “The Pope had a special desire to visit India. Unfortunately, our doors did not open. That caused him great sorrow.”
The Pope’s unfulfilled visit has drawn renewed scrutiny toward the Indian government’s apparent reluctance, despite earlier gestures suggesting otherwise. At the G7 summit, Prime Minister Narendra Modi had publicly extended an invitation to Pope Francis, and Union Minister George Kurien had emphasized that both the Indian state and the Christian community were awaiting his visit. However, the formal diplomatic process that would enable such a trip never reached fruition.
India has not hosted a papal visit in over 25 years. The last visit was by Pope John Paul II in 1999, who also made a significant trip in 1986. Prior to that, Pope Paul VI had visited Mumbai in 1964 for the International Eucharistic Congress, marking the first-ever papal visit to the country.
Despite India being home to one of the largest Catholic populations in Asia greater than in many Christian-majority nations such as East Timor, Papua New Guinea, and Singapore the late pontiff was never able to set foot on Indian soil. In 2017, his planned visit fell through when India did not extend an official invitation, leading him instead to visit neighboring Myanmar and Bangladesh.
