TMC MP Mahua Moitra filed a petition in the Supreme Court backing challenges to the validity of the Chief Election Commissioner (CEC) and Election Commissioners’ (EC) appointment process. The controversy arose after the Modi government introduced a new law replacing the Chief Justice of India with a Union cabinet minister, chosen on the prime minister’s recommendation, in the selection panel. Critics argue that this change undermines the independence of the Election Commission. The case raises concerns over executive influence in crucial constitutional appointments.
New Delhi: Trinamul Congress MP Mahua Moitra from Krishnagar filed a petition on Wednesday supporting the legal challenge against the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners in the Supreme Court.
The matter is set for hearing later on Wednesday.
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Mahua wrote on her ‘X’ (formerly Twitter) account,
“I have moved SC in support of existing petitions seeking to set aside the government-dominated panel for the selection of CEC/EC. I have also suggested how an independent selection process can be ensured,”
Gyanesh Kumar, the newly appointed CEC, took charge on Wednesday morning. Meanwhile, Opposition leader Rahul Gandhi submitted a dissent note on the Monday following Kumar’s late-night appointment, just 48 hours before the Supreme Court hearing.
The appointment of the CEC has been controversial since the Narendra Modi government introduced a new law that replaced the Chief Justice of India with a union cabinet minister recommended by the Prime Minister in the selection panel.
The current panel consists of the Prime Minister, the Leader of the Opposition, and a cabinet minister, whereas the previous panel included the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.
Opposition leaders and civil rights organizations have questioned the new selection panel, arguing that having two government representatives gives it an unfair advantage.
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Congress spokesperson Supriya Shrinate criticized the government’s haste in appointing the new CEC.
She asked,
“Why couldn’t they wait for the SC hearing to conclude? What was their motive behind excluding the CJI and bringing in their own minister into the panel? If the CJI can remain in the panel for selecting the CBI director, then why not for the election commissioners?”
RJD leader Tejashwi Yadav remarked that the Election Commission has been reduced to a mere cheerleader.
He said,
“When two teams play a match, the umpire should be neutral. These days we have cheerleaders in cricket, and that is what the EC has become,”
The law has faced challenges from NGOs and opposition parties. Concerns have been raised about the central poll panel’s role, particularly regarding alleged manipulation of electoral rolls during the Assembly elections in Maharashtra and Delhi, as well as a spike in voter turnout between the end of polling and counting day.
Bengal Chief Minister and Trinamul chairperson Mamata Banerjee has also highlighted concerns over electoral roll manipulation ahead of next year’s Assembly elections.
During a hearing before the division bench of Justices Surya Kant and N. Kotiswar Singh on Tuesday, lawyer Prashant Bhushan emphasized that the matter required urgent attention.
Bhushan noted,
“The matter has been listed for Wednesday as item number 41. The government has appointed the CEC and the EC according to the 2023 law, disregarding the views of a constitution bench,”
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