The Supreme Court of India is set to hear petitions challenging the 2023 law on appointing the Chief Election Commissioner (CEC) and Election Commissioners.

The Supreme Court of India will hear a series of petitions on Wednesday questioning the constitutional validity of the Chief Election Commissioner and Other Election Commissioners Act, 2023. The law, which alters the appointment process for the Chief Election Commissioner (CEC) and Election Commissioners (ECs), has drawn criticism for removing the Chief Justice of India (CJI) from the selection committee, thereby raising concerns about executive dominance over electoral appointments.

Senior advocate Prashant Bhushan urged the court to hear the matter on an urgent basis, stressing its significance for democracy. "A complete mockery has been made. Please have it as item 1 tomorrow," he stated before a bench comprising Justices Surya Kant and N Kotiswar Singh. In response, Justice Kant assured that the court would consider taking up the matter after urgent cases are addressed.

The Act, passed in 2023, replaced the earlier Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. It established a three-member selection committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister. Petitioners argue that excluding the CJI undermines the neutrality of the Election Commission, allowing the ruling government greater control over key electoral appointments.

Several petitions, including those filed by the Association for Democratic Reforms (ADR) and Jaya Thakur of the Madhya Pradesh Mahila Congress Committee, challenge the law on the grounds that it violates the principle of free and fair elections. The petitions reference a Supreme Court ruling from March 2, 2023, which had mandated that CEC and EC appointments should be made based on the recommendations of a committee including the Prime Minister, the CJI, and the Leader of Opposition until Parliament enacted a law.

By removing the judiciary's role from the selection process, the petitioners argue that the Act effectively grants the executive unchecked influence in appointing election commissioners. This, they claim, is a dilution of the Supreme Court's previous ruling and could compromise the Election Commission's independence.

In 2024, the Supreme Court had refused to stay the appointments of two Election Commissioners under the new law, citing the proximity of elections and the potential for administrative instability. However, it had issued a notice to the Centre, seeking a response.

The petitions specifically challenge Sections 7 and 8 of the Act, which detail the appointment procedure for Election Commission members. The petitioners seek a directive to the government to reinstate the Chief Justice of India in the selection process to maintain the integrity of the electoral system.