8) Petition challenging the constitutional validity of the current practice of appointment of Chief Election Commissioner and Election Commissioners by Executive. Judgment Reserved

On 17th May 2021, the Association for Democratic Reforms (ADR) in public interest filed a Writ petition under Article 32 of the Constitution of India challenging the constitutional validity of the practice of the Union of India and Election Commission of India in appointing the members of the Election Commission as being violative of Articles 14, 324 (2) and basic features of the Constitution. Presently, the appointment of Chief Election Commissioner and Election Commissioner is done solely by the executive. Such an appointment weakens the institutional apparatus and is a threat to democracy. To uphold democracy, the responsibility to hold free and fair elections in the country should be entrusted to an independent body which would be insulated from political and/or executive interference. Therefore, by way of the present Writ Petition, the Petitioner also seeks writ of mandamus or an appropriate writ, order or direction for constituting a neutral and independent collegium/selection committee to recommend the names for appointment on the vacant post of the members of the Election Commission on the lines of the recommendations of Law Commission in its 255th Report of March 2015; Second Administrative Reform Commission in its fourth Report of January 2007; Dr. Dinesh Goswami Committee in its Report of May 1990; and Justice Tarkunde Committee in its Report of 1975.

Current Status of the matter: On 5th September 2022, SC issued notice to the respondents.The matter was heard by the Constitutional Bench of the Supreme Court headed by Justice KM Joseph. The bench also comprised Justice Ajay Rastogi, Justice Aniruddha Bose, Justice Hrishikesh Roy and Justice CT Ravikumar. The petition was heard by the court for three consecutive days on 22nd, 23rd and 24th November,2022. The court has reserved the judgment. Five days’ time has been given to all the parties to give their brief written note not exceeding six pages limited to what is argued before the Court.