Supreme Court Petition Challenges Election Commissioner Appointment Law: Allegations of Violating Free and Fair Election Principles

A petition has been presented before the Supreme Court challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which was recently enacted to regulate the appointment and service conditions of the Chief Election Commissioner (CEC) and other Election Commissioners.

The Act, passed last month and receiving the President's assent on December 29, 2023, allows appointments to these crucial posts through a Selection Committee comprising the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition in Lok Sabha.

Congress leader Dr. Jaya Thakur and Sanjay Narayanrao Meshram are behind the plea, arguing that the Act violates the principle of free and fair elections by lacking an "independent mechanism" for appointing Election Commission of India (ECI) members. They specifically contend that it contravenes a Supreme Court judgment (Anoop Baranwal v. Union of India and ors) as it excludes the Chief Justice of India (CJI) from the appointment process.

The March 2023 verdict mandated the appointment of ECI members on the advice of a committee comprising the Prime Minister, the CJI, and the Leader of Opposition in Lok Sabha, "till a law is made by the Parliament."

The petition asserts that excluding the CJI dilutes the Supreme Court's judgment, making the Prime Minister and his nominee the "deciding factor" in appointments.

"This Hon’ble Court also settled the law in Dr. Jay Thakur Versus Union of India … that mandamus issued by this Hon’ble Court cannot be overruled by the legislature, and the separation of power is also the basic structure of the Constitution," the plea contends.

Specifically challenging Sections 7 and 8 of the Act, which delineate the appointment procedure for ECI members, the petition emphasizes the critical role of the Election Commission in determining governance quality and democratic strength. It underscores the need for fairness and transparency in the appointment procedure to uphold the constitutional importance of the Election Commission.

Author:Anushka Taraniya

News Writer, MIT ADT University