Plea in Supreme Court seeks 'independent' system to appoint Election Commissioners

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

The PIL also sought directions to set aside the December 28, 2023 government notification for the appointment of CEC and ECs.

"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 the Court, particularly when the judgment emanates from a Constitution Bench," the plea stated.

Last year, the Constitution bench said that Parliament enacted a law on the process for the Election Commissioners' appointment and mandated the inclusion of the chief justice in the selection process.

The plea further sought an appropriate order to the Union of India to include the Chief Justice of India in the selection committee for the appointment of the Chief Election Commissioner and the Election Commissioners, which currently comprises the Prime Minister, Leader of the Opposition in the House of the People and a Union Cabinet Minister nominated by the Prime Minister.

The constitution bench headed by retired Justice KM Joseph had then said, "An Election Commission that does not guarantee the rule of law is against democracy. In its wide spectrum of powers, if exercised illegally or unconstitutionally, it has an effect on the outcomes of political parties."

"The Election Commission has to be independent, it cannot claim to be independent then act in an unfair manner. A person in a state of obligation to the state cannot have an independent frame of mind. An independent person will not be servile to those in power," it said.

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