From Cabinet Room to Courtroom: Election Commissioner Appointments Back in the Spotlight

A public interest litigation (PIL) filed in the Supreme Court challenges the constitutionality of a new law governing the appointment of Election Commissioners (ECs) in India. The December 28, 2023, gazette notification is under fire for allegedly undermining the EC's autonomy and failing to ensure transparency in the selection process.

Petitioners argue the legislation encroaches on the Election Commission's independence by excluding the Chief Justice of India (CJI) from the selection committee. This contradicts a recent Supreme Court ruling mandating the CJI's inclusion for ensuring neutrality and impartiality.

The petition questions the Parliament's authority to override a Supreme Court bench judgment, particularly one concerning a crucial constitutional body like the Election Commission.

The current selection process, comprising only the Prime Minister, a Cabinet Minister, and the Leader of Opposition, lacks transparency and raises concerns about potential political influence.

The petitioners seek the removal of the December 28, 2023, gazette notification and its associated appointments.

The petition calls for a transparent and independent selection process, including the CJI on the selection committee.

The challenged legislation, "The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023," was enacted after receiving parliamentary approval in December 2023.

It replaces the earlier "Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991," introducing changes to appointment procedures, salaries, and removal processes for the Chief Election Commissioner and other Election Commissioners.