TMC MP Mahua Moitra moves SC against 2023 law provision on CEC, ECs appointments

TMC MP Mahua Moitra has moved the Supreme Court against the provision of the 2023 law over the appointments of the Chief Election Commissioner (CEC) and the Election Commissioners (ECs). A bench of Justices Surya Kant and N Kotiswar Singh on Wednesday deferred the hearing of similar pleas against the provision after the Holi break.

According to the Supreme Court website, the matter could come up on March 19.

Moitra, an MP from Krishnanagar Lok Sabha constituency, in her plea filed through advocate Talha Abdul Rahman, argued having a direct interest in the integrity and fairness of the electoral process in India and the role of the Election Commission of India (ECI), including the process of appointment of ECs.


"Even otherwise, as a conscientious citizen of India with a stake in the future of electoral democracy in India, the applicant seeks to intervene in the present proceedings in which constitutional validity of, inter alia, Section 7 of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 (Impugned Act) has been challenged," said her plea.

According to Section 7 of the Act, the selection committee -- tasked with making recommendations for appointment of the CEC and other ECs -- shall consist of the Prime Minister, as the chairperson, the Leader of Opposition (or the leader of the largest opposition party in the Lok Sabha) and a union cabinet minister to be nominated by the Prime Minister.

Moitra said it was Section 7 of the impugned Act, which described the composition of the selection committee, which was particularly "troubling" and was the "fulcrum" of the her constitutional challenge.

"Multiple Constitution bench judgments of this court have repeatedly held and reiterated that in the interest of free and fair elections, the EC has to be fair, impartial and neutral," her intervention plea said.

She argued that Section 7 of the impugned Act 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," added the plea.

She said the principle of non-partisan elections in which all political actors have a fair and equal chance of succeeding formed the most significant cornerstone of the Indian constitution as well as our representative democracy.

The apex court's March 2, 2023 Constitution bench verdict said that leaving the appointment of the ECs and CEC in the hands of the executive would be detrimental to the health of the country's democracy and the holding of free and fair elections .

It said till a law was enacted for appointments of the CEC and ECs, a panel of the Prime Minister, Leader of Opposition and the Chief Justice of India would recommend persons for appointment.