Mahua Moitra Approaches Supreme Court Against Election Commissioners’ Law
Introduction to the Case: Lok Sabha MP Mahua Moitra has approached the Supreme Court to support petitions challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023. This Act removed the Chief Justice of India (CJI) from the selection panel for appointing Election Commissioners (ECs).
Allegations of Constitutional Issues: Mahua Moitra argues that the Act undermines the independent functioning of the Election Commission and violates basic constitutional principles. She believes it gives the executive more control over the EC’s composition, thus threatening free and fair elections. According to her, the Act violates the spirit of Article 324(2) of the Constitution, which ensures that appointments to the EC should be made independently and not influenced by the executive.
Lack of Parliamentary Oversight: Mahua Moitra highlights that the Bill was passed without sufficient debate in Parliament, as many opposition MPs were suspended during the session. She believes this lack of proper discussion has led to a loss of public trust in the Election Commission. Referencing a 2019 survey, she notes that the trust in the EC has dropped significantly, which reflects the public’s perception of its fairness. Also: Supreme Court criticizes Ranveer Allahbadia, saying, “There’s something very inappropriate in his mind”.
Suggestions for Improvement: Mahua Moitra recommends that the selection panel for ECs should consist of the Prime Minister, Chief Justice of India, and the Leader of the Opposition. Alternatively, she suggests the panel could just include the Prime Minister and Leader of Opposition to avoid undue influence from the ruling party. She also proposes that the final decision on the CEC/EC appointment should be approved by a 2/3 majority in Parliament to ensure proper oversight.
Background of the Act: The Chief Election Commissioner and Other Election Commissioners Act, 2023 was passed in December 2023. It established a new selection panel consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition. This came after the Supreme Court’s ruling in March 2023, which required the selection process to involve the CJI to ensure an independent Election Commission.
Ongoing Legal Challenges: Several individuals and organizations, including Congress leader Jaya Thakur, have filed petitions in the Supreme Court challenging the Act’s constitutionality. The court has been hearing these petitions, and a bench of Justices Sanjiv Khanna and Dipankar Datta recently refused to stay the Act.
Moitra’s plea, supported by her lawyer, Senior Advocate Shadan Farasat, argues that the law undermines the independence of the Election Commission and could harm the integrity of elections in India. The case is currently pending before the Supreme Court.
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