Plea in SC challenges validity of Bill for recruitment of poll panel chiefs

Election commissioner appointment bill challenged in SC

A petition filed on January 1 has urged the Supreme Court to set aside a gazette notification of December 28 that operationalised the Bill on the recruitment of poll panel chiefs.

The public interest litigation, filed by lawyer Gopal Singh, also urged the court to direct the government to include the chief justice of India in the selection committee for the appointment of the chief election commissioner (CEC) and election commissioners (ECs).

According to the law, the panel for selection of CECs and other ECs comprises prime minister, leader of the opposition and a Union cabinet minister. It also seeks for an independent and a transparent system from the government for appointment of CECs and ECs.

The president assented to the Chief Election Commissioner (CEC) and Other Election Commissioners (EC) (Appointment, Conditions of Service and Term of Office) Bill, 2023 in the last week of December and the same was notified in the gazette on December 28.

In March 2023, the apex court had ruled that the appointment of the CECs and ECs will be done by the president on the advice of a committee comprising the prime minister, leader of the Opposition in the Lok Sabha and the chief justice of India.

A five-judge Constitution Bench headed by Justice KM Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament. However, the judgement has now been nullified by Parliament with the passage of the Elections Commissioners Bill.

According to the bill, the candidates for top posts in the poll panels will be chosen by a selection committee comprising the prime minister, the leader of the Opposition in the Lok Sabha and a Union cabinet minister nominated by the PM, essentially removing the CJI.