PIL In Supreme Court: An Independent And Transparent System For The Appointment Of CEC and ECs

A Public Interest Litigation (PIL) filed on Tuesday requested the Supreme Court”s direction to implement an independent and transparent system of selection comprising a neutral and independent selection committee for the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs). The PIL has also asked the apex court to set aside a December 28 gazette notification issued by the Centre for the appointment of CEC and ECs.

The plea filed by advocate Gopal Singh sought the inclusion of the Chief Justice of India (CJI) in the selection committee for the appointment of CEC and ECs. The selection committee currently consists of the Prime Minister, Leader of the Opposition in Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

“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 the Court, particularly when the judgment emanates from a Constitution Bench,” the Times of India quotes as PIL saying.

It was on December, following the Winter Session of the Parliament, the President Droupadi Murmu signed The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 into law. The act faced criticism from the opposition for the alleged overarching dominance and involvement of the government over the election commission”s independence due to the controversial removal of the CJI from the selection panel.