The plea advocates for the inclusion of the Chief Justice of India in the selection committee for these appointments, challenging the current composition that comprises the Prime Minister, the Leader of the Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.

Advocate Gopal Singh, who filed the PIL, poses a constitutional question before the court, questioning the authority of the Parliament or any legislative assembly to issue a gazette notification or ordinance that nullifies or amends a judgment previously rendered by the Supreme Court.

On December 28, 2023, the President gave assent to the Chief Election Commissioner & Other Election Commissioners (Appointment, Conditions of Service & Term of Office) Bill 2023. Notably, on December 21, the Lok Sabha passed the bill to regulate the appointment and service terms of the CEC and election commissioners, citing a Supreme Court judgment.

The bill, passed by both Lok Sabha and Rajya Sabha, addresses the appointment process, qualifications, search committee, selection committee, term of office, salary, resignation and removal, leave, and pension of the CEC and other election commissioners.

Law Minister Arjun Meghwal explained that the Election Commission (Conditions of Service of Election Commissioners & Transaction of Business) Act, 1991 lacked provisions regarding qualifications and the search committee. He mentioned that the Supreme Court, on March 2, 2023, directed the appointment of the CEC and ECs by the President based on advice from a committee consisting of the Prime Minister, Leader of the Opposition, and the Chief Justice of India. Meghwal emphasized that the bill was introduced to fulfill this purpose.

An amendment in the bill shifts the head of the search committee from the cabinet secretary to the Law Minister. The proposed legislation stipulates that the CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee, consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in Lok Sabha. The Bill replaces the Election Commission (Conditions of Service of Election Commissioners & Transaction of Business) Act, 1991.

Opposition members have expressed serious concerns over the bill, considering it a significant challenge to democracy by the Modi government.