CEC, EC Selection: PIL in SC Seeks Setting Aside of Dec 28 Gazette Notification, Inclusion of CJI

New Delhi: A group of practicing advocates  filed a public interest litigation (PIL) in the Supreme Court on Tuesday seeking the setting aside of the Union government notification (December 28) on the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners, demanding the inclusion of the Chief Justice of India (CJI) in the selection committee.

Recall that the December 28 gazette notification followed the passage of a Bill in the Winter Session of Parliament, which was later enacted into law – The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023—after assent by President Droupadi Murmu.

Recall that the said Bill was passed amidst en masse suspension of Opposition MPs, dropping the CJI from the selection committee, as stated in a judgment by the Supreme Court on March 2, 2023, wherein it had directed the government to constitute a committee on regulating the appointments of the CEC and ECs.

As per the judgment, the committee should consist of the Chief Justice of India, the Prime Minister and Leader of the Opposition in Lok Sabha.

The writ petition, drawn by Advocate Anjale Patel and filed through Advocate-on-Record Sanjeev Malhotra, argues that for putting in place an independent and transparent selection system for the CEC and ECs, there should be a neutral committee. They also call for including the CJI in the selection committee, according to a report in LiveLaw.

The petition has questioned the ‘constitutional authority” of Parliament in nullifying or amending a judgement by the top court, more so when the “previous decision originated from a constitution bench”.

Till now, the CEC and ECs were appointed by the President on the advice of the Prime Minister.

Recall that as per a report in The Indian Express on September 17, a group for former CECs had also aired their views on the Bill, expressing grave concern over the move to “downgrade the service of the three Election Commissioners” as also “eroding” the international perception of the ECI, which is an independent institution.

New Delhi: A group of practicing advocates  filed a public interest litigation (PIL) in the Supreme Court on Tuesday seeking the setting aside of the Union government notification (December 28) on the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners, demanding the inclusion of the Chief Justice of India (CJI) in the selection committee.

Recall that the December 28 gazette notification followed the passage of a Bill in the Winter Session of Parliament, which was later enacted into law – The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023—after assent by President Droupadi Murmu.

Recall that the said Bill was passed amidst en masse suspension of Opposition MPs, dropping the CJI from the selection committee, as stated in a judgment by the Supreme Court on March 2, 2023, wherein it had directed the government to constitute a committee on regulating the appointments of the CEC and ECs.

As per the judgment, the committee should consist of the Chief Justice of India, the Prime Minister and Leader of the Opposition in Lok Sabha.

The writ petition, drawn by Advocate Anjale Patel and filed through Advocate-on-Record Sanjeev Malhotra, argues that for putting in place an independent and transparent selection system for the CEC and ECs, there should be a neutral committee. They also call for including the CJI in the selection committee, according to a report in LiveLaw.

The petition has questioned the ‘constitutional authority” of Parliament in nullifying or amending a judgement by the top court, more so when the “previous decision originated from a constitution bench”.

Till now, the CEC and ECs were appointed by the President on the advice of the Prime Minister.

Recall that as per a report in The Indian Express on September 17, a group for former CECs had also aired their views on the Bill, expressing grave concern over the move to “downgrade the service of the three Election Commissioners” as also “eroding” the international perception of the ECI, which is an independent institution.