The practice of the Chief Election Commissioner and Election Commissioners being appointed by the government has been challenged in the Supreme Court.
The Association for Democratic Reforms, a non-governmental organization, argued that the process of the government nominating the Chief Election Commissioner and Election Commissioners is in violation of Articles 14 and 324(2) of the Constitution of India.
ADR has argued that choosing members of the Election Commission “on the wants and desires of the president” contradicts the Commission’s core premise, effectively turning it into a part of the government.
The appeal goes on to say that the executive alone would not participate in the appointment of the members of EC.
The petitioner claims that the government has been unjustified in not enacting sufficient legislation to provide a just, equitable, and appropriate process of selecting members of the Election Commission from 1950.
“This is in the pursuit of justice to give required directions/ instructions to fill the void created by the aforementioned inactivity until the government steps in to bridge the void or the executive execute its duties,” the plea adds.