Bhushan alleged that despite the March 2, 2023, SC verdict to set up a panel comprising the Prime Minister, the Leader of Opposition and the CJI to appoint the CEC, it was amended by the Central government later.A new law, The Election Commissioner’s Act, was passed in December 2023, in which the CJI was dropped from a committee to appoint the CEC and other ECs. According to the new law, they are to be appointed as per the recommendation of a panel comprising of the Prime Minister, a Cabinet Minister and the Leader of the Opposition (LOP).Bhushan further alleged that by removing the CJI from the selection panel, the Executive has acquired control over the appointment of ECs, which is a “threat to electoral democracy.”Several individuals, including Congress leader Jaya Thakur, NGOs — ADR, the People’s Union for Civil Liberties (PUCL), Lok Prahari — had moved the top court, challenging the validity and sought a stay on the operation of Section 7 of the CEC and other ECs Act, 2023.The petitioners in the top court argued that the previous system, which involves the CJI as one of the panel members, safeguarded the autonomy of the institution.”The 2023 Act was enacted in response to a Supreme Court ruling that called for insulating the election commissioner appointment process from executive influence, which recommended the inclusion of the CJI in the selection panel. The new legislation, however, diverges from this suggestion, raising concerns about potential political interference in the selection process,” the petitions said.
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