The NGO is contesting the validity of a provision within the Chief Election Commissioner and Other Election Commissioners Act, 2023, which, under the new law, appoints the Prime Minister as the chairperson of the selection panel

The Supreme Court has agreed to hear a petition from an NGO on March 15, challenging the exclusion of the Chief Justice of India from a panel tasked with selecting the Chief Election Commissioner (CEC) and election commissioners, the PTI reported on March 13.

A bench led by Justice Sanjiv Khanna acknowledged the arguments presented by lawyer Prashant Bhushan, representing the NGO Association for Democratic Reforms, who sought an urgent listing of the plea. The bench assured that it would be listed for hearing on March 15, stated the report.

The NGO is contesting the validity of a provision within the Chief Election Commissioner and Other Election Commissioners Act, 2023, which, under the new law, appoints the Prime Minister as the chairperson of the selection panel. The panel also includes the leader of the opposition and a Union Minister nominated by the Prime Minister as its two members.

According to the new law, “Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a Selection Committee consisting of — (a) the Prime Minister — Chairperson; (b) the Leader of Opposition in the House of the People — Member; (c) a Union Cabinet Minister to be nominated by the Prime Minister — Member.”

The petition comes following the recent resignation of Election Commissioner Arun Goel, prompting the NGO to bring the matter before the apex court.

The petition alleges that the Narendra Modi government's decision to exclude the CJI from the selection panel violates the principles upheld by the Supreme Court, it has been learnt from the PTI report.

Historically, the Election Commission of India has operated as a three-member panel for the majority of the past three decades. There have been only two exceptions, during the 1999 and 2009 Lok Sabha elections, when the panel comprised only two members due to the retirement of one member mid-cycle.

Originally established with just a chief commissioner, the commission expanded to include two additional commissioners in 1989 and 1993, functioning thereafter as a multi-member body, with decisions made through majority vote.