In a recent development in New Delhi, the Supreme Court has decided to schedule a hearing for March 15th regarding a petition challenging the constitutionality of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This challenge primarily focuses on Section 7 of the Act, alleging violations of Article 14 and the fundamental principles of the Constitution, as well as overturning a previous constitutional bench ruling.
The petition has been filed by the Association for Democratic Reforms, represented by advocates Prashant Bhushan and Cheyrl D’souza. Bhushan brought the petition before a bench presided over by Justice Sanjiv Khanna, which has agreed to list the matter for hearing on Friday.
According to the plea, the appointment process of two new election commissioners should adhere to a previous Supreme Court judgment, which required the Chief Justice of India’s involvement in the selection panel.
“It’s worth noting that the Chief Justice of India has been replaced, and a cabinet minister (to be nominated by the Prime Minister) has been added, thus reverting to the previous practice of executive selection, which undermines the rule of law and poses a threat to democracy,” the plea stated.
The petition requests a halt to the implementation of Section 7 of the Chief Election Commission and other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023. Additionally, it seeks an order for the Centre to fill the vacant positions of election commissioners while the writ petition is pending, following the selection committee outlined by the Supreme Court in Anoop Baranwal v. Union of India.
Emphasizing that the ruling government should not wield disproportionate influence in the appointment of Election Commission members, the plea argues that since the Election Commission oversees free and fair elections and adjudicates disputes between political parties, it must be shielded from political or executive interference for the sake of maintaining electoral integrity and upholding the rule of law.
The petition contends that the current selection committee, heavily influenced by executive members such as the Prime Minister and Union Cabinet Minister (appointed by the PM), exposes the selection process to manipulation, granting the ruling party undue power to appoint individuals loyal to its interests.
“Article 14 of the Indian Constitution guarantees the fundamental right to equality before the law and equal protection of the laws, which includes the right to have one’s rights adjudicated by an impartial and independent body. Consequently, the challenged section violates Article 14 and undermines the principles of free and fair elections,” the plea asserts.
Furthermore, the petition warns against the executive’s ability to appoint two election commissioners, potentially giving the government an unfair advantage. “Given the Election Commission’s crucial role in ensuring the fairness of elections, appointments must be perceived as fair and free from governmental bias,” the plea concludes.