An advocate filed a Public Interest Litigation (PIL) petition Tuesday against the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023. A Public Interest Litigation (PIL) is a legal action initiated in the Supreme Court for the enforcement of public interest or general public welfare.

Advocate Gopal Singh filed a plea in the apex court, requesting the implementation of an independent and transparent system for selecting the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The plea seeks the formation of a neutral and independent selection committee to oversee these appointments. The plea also seeks the inclusion of the Chief Justice of India in the selection panel.

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, has replaced the 1991 Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act. The new legislation, which received the President’s assent on December 25, was subsequently notified in the gazette of India and enacted as law.

According to the provisions outlined in the bill, the president is responsible for appointing the CEC and ECs based on recommendations from a selection committee. This committee includes the Prime Minister, a Union Cabinet Minister and the leader of the opposition or the leader of the largest opposition party in the Lok Sabha. These recommendations remain valid even during committee vacancies. Additionally, a search committee, led by the Cabinet Secretary, proposes candidates for the positions, requiring them to have previously held a position equivalent to the secretary to the central government. A notable change introduced by the bill is the dropping of the Chief Justice of India from the selection panel, which has remained a contentious issue since the introduction of the bill.

The Election Commission of India, functioning as an autonomous constitutional entity, is tasked with supervising the electoral processes at both the national and state levels in India. Its mandate extends to overseeing elections for the Lok Sabha, Rajya Sabha and state legislative assemblies, as well as the positions of the president and vice president in the nation. Nevertheless, concerns about the Commission’s autonomy and fairness have been raised consistently in recent years.

The passage of the bill from the lower house of the Parliament, Lok Sabha, was a matter of controversy, as well. The Lok Sabha passed the bill on December 21 amidst record suspensions of opposition members from the House over protests against a recent security breach. The opposition had raised concerns about the lack of debate and deliberations undertaken in its passage from the lower house, paving its way for assent from the president.