The Association for Democratic Reforms (ADR) on Tuesday sought an urgent hearing of plea challenging the constitutionality of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023.
This plea moved by the ADR, sought relief against the provision, which lays down the process for the appointment of the Chief Election Commissioner and other Election Commissioners. Advocate on Record Prashant Bhushan, appearing for ADR, mentioned the plea today before the bench of Justice Sanjiv Khanna, Justice Dipankar Datta, and Justice Prashant Kumar Mishra, requesting the court to grant an urgent hearing.
Nonetheless, the bench led by Justice Khanna refused to entertain the request immediately, directing Prashant Bhushan to follow proper procedure by moving a mentioning slip. The bench asked the counsel appearing for ADR to move a mentioning slip and mention it tomorrow morning.
The public interest litigation (PIL), filed under Article 32 of the Constitution, challenges Section 7 of the 2023 Act for allegedly violating Article 14 and the basic features of the Constitution. The section mentions the appointment process, stating that the chief election commissioner and other election commissioners shall be appointed by the president on the recommendation of a selection committee. The committee comprising of the Prime Minister as chairperson, the Leader of Opposition in the House of the People as a member, and a Union Cabinet Minister nominated by the Prime Minister as another member.
The plea contended that the 2023 Act overturned a previous constitution bench decision of the apex court in Anoop Baranwal (2023). In the aforesaid case, it was observed that leaving the appointment of election commission members in the hands of the executive would be detrimental to the health of democracy and the conduct of free and fair elections.
Subsequently, the court had directed that appointments to the posts of chief election commissioner and election commissioners should be made by the president on the basis of the advice tendered by a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.
The 2023 Act replaces the Chief Justice of India with a Union Cabinet Minister nominated by the Prime Minister. The petitioner submitted that this change makes the selection process vulnerable to manipulation, as the selection committee is perceived to be dominated and controlled by members from the executive.
Earlier on February 13, the Supreme Court had refused to stay the operation of Section 7 of the Act, noting that a similar matter was pending before the court and scheduled for April 2024. The bench ordered that the present case be listed alongside the pending matter in April.