PIL in SC seeking to include CJI in selection committee for CEC, EC appointment

NEW DELHI: A Public Interest Litigation (PIL) was filed in the Supreme Court seeking direction to the Union of India to implement an independent and transparent system of selection constituting a neutral and independent selection committee for the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).

The PIL seeks direction to set aside Gazette issued by the Centre on December 28, 2023, for the appointment of CEC and ECs.

It seeks direction to the Centre to include the Chief Justice of India in the selection committee for the appointment of the CEC and ECs which currently comprises of the Prime Minister, the Leader of the Opposition in Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

The PIL filed by advocate Gopal Singh stated, "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 this Court, particularly when the judgment emanates from a Constitution bench."

Earlier, on December 28, the President gave assent to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023.

Notably, on December 21, the Loksabha passed a bill to regulate the appointment and service terms of the Chief Election Commissioner (CEC) and election commissioners, with Law Minister Arjun Meghwal stating that legislation has been brought following a judgement of the Supreme Court.

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, was passed by the Lok Sabha after a brief debate. It was passed by the Rajya Sabha on December 12.

The bill provides for the appointment, qualifications, search committee, Selection Committee, term of office, salary, resignation and removal, leave, and pension of the Chief Election Commissioner and other election commissioners.

Meghwal said that the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 does not contain provisions regarding the qualifications, search committee for preparing a panel of persons for consideration and recommendation by the Selection Committee for appointment as CEC and election commissioners.

The Supreme Court, on March 2, 2023, in response to a writ petition, directed that the appointment of CEC and ECs shall be made by the President based on advice tendered by a committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha or leader of the largest opposition party in the House and the Chief Justice of India. Meghwal said judgment had noted that the norm provided by the Supreme Court will continue to hold good till a law is made by the Parliament.

"We are bringing the law for this purpose," he said.

He said an amendment in the bill is that the search committee will be headed by the Law Minister instead of the cabinet secretary.

The bill provides that CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee. The Selection Committee will consist of the Prime Minister, a Union Cabinet Minister, and Leader of Opposition or the leader of the largest opposition party in Lok Sabha.

The Bill replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.

Opposition members have earlier expressed their serious concern over the provisions of the bill, saying it is "one of the biggest blows to democracy" by the Modi government in the last nine years.