New Delhi/IBN/UNI: Congress leader Jaya Thakur Tuesday approached the Supreme Court challenging the constitutional validity of Sections 7 and 8 of the Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 which excludes the name of the Chief Justice of India from the members of the selection committee.

Jaya Thakur, General Secretary of the Madhya Pradesh Mahila Congress Committee in her petition, has raised apprehensions that these sections would "destroy the democracy in our country" and nullify the apex court's judgments on institutional independence, fairness, and transparency in appointment processes, free and fair elections, and the rule of law.

The earlier law was that the Chief Election Commissioner was to be appointed by the President of India on the advice of a committee consisting of the prime minister, the leader of the opposition or the largest opposition party, and the chief justice of India. The new law now excludes the name of the Chief Justice of India from the selection committee.

The petitioner has asked the apex court to set aside a Dec 28 gazette notification for the appointment of the chief election commissioner and other election commissioners in new terms and conditions.

The petition is likely to come up for a hearing on Wednesday.