New Delhi: TMC MP Mahua Moitra has moved the Supreme Court challenging the 2023 law governing appointments of the chief election commissioner (CEC) and election commissioners (ECs).
The TMC MP has said in her plea before the court has said that as a conscientious citizen of India with a stake in the future of electoral democracy in India, she seeks to intervene in the present proceedings in which constitutional validity of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 has been challenged.
Apex Court is already seized of a batch of pleas against 2023 law
The apex court, which is already seized of a batch of pleas challenging the 2023 law governing the appointment of CEC and ECs, on Wednesday adjourned hearing on pleas against the 2023 law due to paucity of time.
According to the top court website, the matter could come up on March 19.
What has the TMC MP said?
Moitra has said in her plea that multiple Constitution bench judgments of the top court have repeatedly held and reiterated that the EC has to be fair, impartial and neutral in the interest of free and fair elections and section 7 of the 2023 Act, which deals with the selection committee tasked to make recommendations for appointment of the CEC and other ECs, allowed an “executive-dominated” selection panel to constitute the EC by recommending appointment of the CEC and other ECs.
“In doing so, the impugned Act allows the executive to influence the composition of the EC and defeats the now well-established principle of free and fair elections, which requires an insulated, nonpartisan and fiercely independent EC to conduct and supervise the election process,” the plea has said.
What have other petitioners said?
Petitioners before the top court have submitted that as per the 2023 Constitution bench verdict of the apex court, the appointment of election commissioners was to be done by an independent committee comprising the Prime Minister, Leader of Opposition and Chief Justice of India, however, the government removed the Chief Justice of India from the committee by bringing a law in 2023 in violation of the apex court order.
