CEC and ECs Appointment: Congress Leader Jaya Thakur Moves SC against CJI Expulsion from Selection Panel

Congress leader Jaya Thakur on Tuesday the Supreme Court, challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which omitted the Chief Justice of India from the selection panel for election commissioners.

The petition filed by Jaya Thakur and Sanjay Narayanrao Meshram asserted that the provisions of the enactment are violative of the principle of free and fair elections, as it does not furnish an “independent mechanism” for the appointment of members of the Election Commission of India (ECI).

The Act, according to the petition, contradicts the Supreme Court’s March 2023 verdict, which mandated the appointment of ECI members based on the advice of a committee consisting of the Prime Minister, the CJI, and the Leader of the Opposition in Lok Sabha until a parliamentary law is enacted.

The exclusion of the CJI from the appointment process, as per the petition, dilutes the Supreme Court’s judgment, making the Prime Minister and their nominee the decisive factor in appointments. The petition asserts that this contravenes the court’s earlier directive and nullifies the committee by excluding the Chief Justice of India. It argues for an independent mechanism similar to those in various state institutions supporting constitutional democracy, aiming to insulate the appointment process from external influence and maintain neutrality in the execution of assigned functions.

Specifically challenging Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the petition targets the provisions outlining the procedure for appointing ECI members. Simultaneously, another petition was lodged in the Supreme Court by Advocate Gopal Singh, seeking directions for the Union of India to implement an independent and transparent system for selecting a Chief Election Commissioner (CEC) and other Election Commissioners (ECs), involving a neutral and independent selection committee.