A public interest litigation was filed in the Supreme Court on Tuesday seeking to set aside the December 28 gazette notification issued by the Central government, and seeking the inclusion of the Chief Justice of India in the committee for the selection of the Chief Election Commissioner and the Election Commissioners in an independent and transparent manner.

On December 28, 2023, the Central government notified the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023. According to this, the panel for the selection of CEC and the ECs would include the Prime Minister, Leader of Opposition, and a Central Minister to be nominated by the Prime Minister, thereby giving a clear majority to the government in the selection panel.

The petition has asked the court to set aside the December 28 for the appointment of the CECs and ECs and direct the Centre to “implement an independent and transparent system of selection constituting a neutral and independent selection committee” comprising the Chief Justice of India.

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023, was passed by the Rajya Sabha on December 12 and the Lok Sabha on December 21, 2023, amidst the suspension of a large number of opposition lawmakers in the Lower House.

The law diluted the March 2, 2023, five-judge Constitution bench judgment directing that the appointment of the Chief Election Commissioner and the Election Commissioners shall be done on the recommendation of a selection panel comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India.

The court in its March 2, 2023, order had said that in case, there is no such Leader of Opposition, the Leader of the largest Party in the Opposition in the Lok Sabha having the largest numerical strength will be on the Committee. The court had said that this norm will continue to hold good till a law is made by Parliament.

The public interest plea by Anjale Patel has sought direction to the Centre to include the Chief Justice of India in the selection committee for the appointment of the CEC and ECs.

The law whose notification is being sought to be set-aside, replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.

Opposition members had earlier expressed their serious concern over the provisions of the bill, saying it is “one of the biggest blows to democracy” by the Modi government in the last nine years.