Trinamool Congress MP Mahua Moitra has taken a significant legal step by moving the Supreme Court to challenge a specific provision of the 2023 law concerning the appointments of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The law’s disputed Section 7 outlines the composition of the selection committee responsible for these appointments, a matter Moitra contends compromises the electoral system’s integrity.
The hearing for this case, which involves similar pleas, was deferred by a bench comprising Justices Surya Kant and N Kotiswar Singh until after the Holi break, with proceedings expected to resume on March 19. Moitra, representing the Krishnanagar Lok Sabha constituency, has expressed profound concerns through her advocate Talha Abdul Rahman, arguing that the process prescribed by the new law could undermine the Election Commission of India’s (ECI) autonomy.
Section 7 of the “Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023” stipulates that the selection committee will include the Prime Minister as the chairperson, the Leader of the Opposition (or the leader of the largest opposition party in the Lok Sabha), and a Union Cabinet Minister nominated by the Prime Minister. Moitra criticizes this composition as being “executive-dominated,” which she argues could lead to undue influence over the Election Commission, thus eroding its necessary impartiality and neutrality.
In her plea, Moitra highlighted that “Multiple Constitution bench judgments of this court have repeatedly held and reiterated that in the interest of free and fair elections, the EC has to be fair, impartial and neutral.” She contends that the framework established by the impugned Act fails to protect the Election Commission from potential executive interference, thereby threatening the principle of free and fair elections.
The challenge brings to the fore a critical constitutional debate on the separation of powers and the safeguarding of electoral integrity. The Supreme Court’s Constitution bench had previously ruled on March 2, 2023, that leaving the appointment of the ECs and CEC solely in the hands of the executive could harm the country’s democratic health. The bench recommended that until a new law was enacted, appointments should be recommended by a panel consisting of the Prime Minister, the Leader of Opposition, and the Chief Justice of India.
Moitra’s plea stresses that a non-partisan election process is a cornerstone of the Indian Constitution and representative democracy. Her action seeks to ensure that the Election Commission remains an insulated, nonpartisan entity capable of conducting and supervising elections without bias or influence from the ruling government.
