Chief Election Commissioner and Other Election Commissioners Appointment, Conditions of Service and Term of Office Act, 2023: Challenge to CJI's Exclusion

Key facts

• The Supreme Court (SC) is hearing petitions challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioner Appointment, Conditions of Service and Term of Office Act, 2023.
• The Act, enacted by Parliament in December 2023, removed the Chief Justice of India (CJI) from the committee responsible for appointing the Chief Election Commissioner (CEC) and other election commissioners.
• Under the 2023 Act, the selection committee consists of the Prime Minister, a Union minister nominated by the Prime Minister, and the leader of Opposition or leader of the largest opposition party in the Lok Sabha.
• The petitions challenging the law were filed by multiple petitioners, including the Association for Democratic Reforms (ADR) and Congress leader Jaya Thakur.
• The SC noted that the Constitution bench in the Anoop Baranwal case had previously laid down an interim mechanism for appointments until Parliament enacted a law.