PIL In SC Seeks Independent Panel To Appoint Election Commissioners

The petition seeks direction to set aside the Gazette notification issued by the Centre on December 28, 2023, for the appointment of CEC and ECs.

A public interest litigation (PIL) has been filed in the Supreme Court seeking direction to the Centre to implement an independent and transparent system of selection constituting a neutral and independent selection committee for appointment of the Chief Election Commissioner (CEC) & other Election Commissioners (ECs), reported ANI.

The petition seeks direction to set aside the Gazette notification issued by the Centre on December 28, 2023, for the appointment of CEC and ECs. The Central government, during the winter session of Parliament last month, passed the bill to appoint CEC and other ECs and President Droupadi Murmu later gave her assent to the bill making it a law.

The law replaced the Chief Justice of India (CJI) with a Union Cabinet Minister nominated by the Prime Minister from the selection panel comprising the Prime Minister and Leader of Opposition in Lok Sabha.

The petition seeks direction to the Centre to include the CJI in the selection committee for the appointment of the CEC and ECs.

"The pivotal legal question placed for the court's consideration in the present writ petition revolves around the constitutional inquiry of whether the Parliament or any legislative assembly possesses the authority to promulgate a gazette notification or ordinance to nullify or amend a judgment previously rendered by this Court, particularly when the judgment emanates from a Constitution bench," the PIL filed by advocate Gopal Singh stated, quoted ANI.

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was passed by the Lok Sabha after a brief debate. It was passed by the Rajya Sabha on December 12. The bill was opposed by the opposition who blamed the Centre of trying to control the Election Commission of India. The bill went through Lok Sabha with nearly no opposition after over 146 opposition MPs from Parliament were suspended.