PIL In Supreme Court Seeks Inclusion Of CJI In Election Commissioners' Selection Committee

A public interest litigation (PIL) petition has been filed in the Supreme Court today asking for the setting aside of a December 28 gazette notification for the appointment of chief election commissioner and other election commissioners in terms of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which was signed into law by President Droupadi Murmu following the Winter Session of Parliament.

The petitioners, regular practising advocates, have argued for the implementation of an independent and transparent selection system, constituting a neutral committee for appointing the chief election commissioners and other election commissioners, and the inclusion of the Chief Justice of India in the selection panel.

The election commissioners' act faced criticism for alleged executive overreach and encroachment on the election commission's autonomy over the contentious removal of the Chief Justice of India from the selection committee. Those critical of the bill argued that this move diminished the election commission's institutional legitimacy, and was contrary to a March ruling by a Supreme Court constitution bench. The bench had mandated the inclusion of the chief justice in the selection process, emphasising the need for an independent and unbiased committee, till the Parliament enacted a law on the process for the election commissioners' appointment.

Questioning the constitutional authority of Parliament to nullify or amend a judgment, particularly when the previous decision originated from a constitution bench, the petition has asked the court to set aside the gazette notification from December 28 for the appointment of the chief election commissioner and election commissioners and direct the Union of India to "implement an independent and transparent system of selection constituting a neutral and independent selection committee" comprising the Chief Justice of India.

The bill, which received approval from the Lok Sabha on December 21 and the Rajya Sabha on December 12, aimed to establish a structured process for appointing top election officials in India. It replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, introducing changes to the appointment, salary, and removal procedures for the Chief Election Commissioner (CEC) and other election commissioners (EC). The key provisions involved the President appointing the CEC and ECs based on a selection committee's recommendation, consisting of the prime minister, a union cabinet minister, and the leader of the opposition or the leader of the largest opposition party in the Lok Sabha.

The writ petition has been drawn by Advocate Anjale Patel and filed through Advocate-on-Record Sanjeev Malhotra.