In a significant legal development, a writ petition has been filed with the Supreme Court, seeking a pause in the implementation of a recently enacted law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The petitioner, Gopal Singh, represented by advocate-on-record Sanjeev Malhotra and drawn by advocate Anjale Patel, implores the court to institute “an independent and transparent system of selection” through the formation of a neutral and unbiased selection committee responsible for appointing the CEC and ECs.
The crux of the plea is to halt the enforcement of the gazette notification dated December 28, 2023, which introduced The Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023.
Of particular concern is the deviation from a landmark March 2023 Constitution Bench judgment that included the Chief Justice of India as a member of a high-powered committee for the selection of suitable individuals for the roles of CEC and ECs. The new law proposes a different mechanism where the President, based on the recommendation of a committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister, would appoint the CEC and ECs. Notably, the Chief Justice of India is omitted from this committee, thereby giving the government predominant influence in the appointment process.
The legal question central to this petition questions the constitutional authority to nullify or amend a judgment previously rendered by the Supreme Court through a gazette notification or ordinance. The newly enacted law specifies that CEC and ECs will be chosen from a pool of bureaucrats holding the rank of secretary to the Government of India.
This legal challenge poses critical implications for the constitutional landscape and the process of appointments to these vital electoral roles.
