A writ petition was filed in the Supreme Court on Tuesday to declare sections 7 and 8 of the recently passed Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 as unconstitutional on the ground that it violated free and fair elections and contravened the apex court ruling that the selection committee must include the Chief Justice of India.

The petition filed by Madhya Pradesh Congress general secretary Jaya Thakur through lawyer Varun Thakur pleaded that the new law violated Articles 14 (equality), 21 (life and personal liberty), 50 (separation of power between executive and
judiciary) and 324 (power of election commission) of the Constitution as it violated
the principles of free and fair election.

Moreover, it is also contrary to the principles laid down by the Supreme Court’s five-judge Constitution bench last year in the case of Anoop Baranwal Vs Union of India, the PIL stated.

“We declare that as far as appointment to the posts of Chief Election Commissioner and the Election Commissioners are concerned, the same shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in case, there is no such Leader, the Leader of the largest Party in the Opposition in the Lok Sabha having the largest numerical strength, and the Chief Justice of India. This norm will continue to hold good till a law is made by the Parliament,” the five-judge bench had said in its ruling.