The India Supreme Court is currently assessing a petition challenging the law that regulates the appointment of election commissioners. Advocate Gopal Singh filed a Public Interest Litigation (PIL) on Tuesday against the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.
PIL is a legal action initiated in the Supreme Court to enforce public interest or general public welfare. In the apex court, Singh is advocating for the establishment of an impartial and transparent system for selecting the Chief Election Commissioner (CEC) and Election Commissioners (ECs). Part of his plea includes the formation of a neutral and independent selection committee, as well as the inclusion of the Chief Justice of India in the selection panel.
The 2023 bill, which replaced the 1991 Election Commission Act, outlines the presidential responsibility for appointing the CEC and ECs, based on recommendations from a selection committee. The new bill excludes the Chief Justice of India from the selection panel; a notable and contentious change. The leader of the opposition or the leader of the largest opposition party in the Lok Sabha, a Union Cabinet Minister, and the Prime Minister make up the selection committee. The selection committee’s recommendations remain valid, even during committee vacancies.
Furthermore, a search committee, led by the Cabinet Secretary, proposes candidates for the positions, who are required to have held a position equivalent to the secretary to the central government. This legislation received the President’s approval on December 25 and was subsequently notified in the gazette of India and enacted as law.
The Election Commission of India, functioning as an autonomous constitutional entity, is tasked with overseeing electoral processes at national and state levels. However, there are frequent concerns about the Commission’s autonomy and fairness.
The bill’s passage from the Parliament’s lower house, Lok Sabha, was also controversial. Amidst historic suspensions of opposition members and protests against a recent security breach, the Lok Sabha approved the bill on December 21. The opposition expressed concerns about the lack of debate and deliberation in its passage from the lower house, which cleared its way for assent from the president.
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