A recent Public Interest Litigation (PIL) presented before the Supreme Court calls for an unbiased and transparent mechanism in the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). This PIL challenges the December 28, 2023, government notification related to the appointments and raises significant constitutional questions.
Central to the PIL is the debate over whether the Parliament or any legislative assembly has the prerogative to issue notifications or ordinances that alter or negate judgments previously delivered by the Court, especially when they originate from a Constitution Bench. Notably, a Constitution Bench from the previous year had emphasized the need for a legislative framework for the appointment of Election Commissioners, suggesting that the existing discretionary executive authority be replaced with a more structured approach.
The PIL specifically advocates for the inclusion of the Chief Justice of India (CJI) in the current selection committee responsible for appointing the CEC and ECs. Presently, this committee comprises the Prime Minister, the Leader of the Opposition in the House of the People, and a Union Cabinet Minister nominated by the Prime Minister. The PIL’s argument underscores the importance of ensuring political independence in the Election Commission’s functioning to uphold democratic principles effectively.
Highlighting the critical role of an independent Election Commission in preserving the rule of law and ensuring fair democratic processes, the Constitution Bench, under the leadership of retired Justice KM Joseph, previously remarked on the significance of the commission’s autonomy. The bench emphasized that the Election Commission must not only claim independence but also operate in a manner that is free from any undue influence, serving as a beacon of impartiality in the democratic framework.
