He pointed out that despite the top court’s March 2, 2023, verdict setting up a selection panel including the CJI, the Central government later amended the process. The new legislation, The Chief Election Commissioner and Other Election Commissioners Act, 2023, which was passed in December, now requires appointments to be made based on recommendations from a panel consisting of the Prime Minister, a Cabinet Minister, and the Leader of Opposition.Bhushan argued 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 petitioners, including Congress leader Jaya Thakur and NGOs such as ADR, the People’s Union for Civil Liberties (PUCL), and Lok Prahari, have moved the Supreme Court challenging the validity of Section 7 of the Act, which excludes the CJI from the selection process. They have also sought a stay on its operation.The petitioners contended that the previous system, which included the CJI, safeguarded the autonomy of the Election Commission.“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 petitions stated. “The new legislation, however, diverges from this suggestion, raising concerns about potential political interference in the selection process.”
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