New Delhi [India], March 19: The Supreme Court on Wednesday scheduled a hearing for April 16 on a batch of petitions challenging the validity of the law concerning the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners. The law dropped the Chief Justice of India (CJI) from the selection panel for appointing Election Commissioners.
Advocate Prashant Bhushan, representing the NGO Association for Democratic Reforms (ADR), mentioned the matter before a bench of Justices Surya Kant and N Kotiswar Singh, requesting a hearing at the earliest. Bhushan urged the court to prioritize the case, noting that it might not be taken up that day due to the court’s busy schedule.
The bench agreed to hear the matter on April 16 and assured that it would ensure minimal urgent cases on that day, allowing the case to be heard at the start of the court’s proceedings.
In 2024, the apex court had declined to stay the appointments of two Election Commissioners under the Chief Election Commissioner and Other Election Commissioners Act, 2023. The petitions were filed by ADR and several individuals, including Jaya Thakur (General Secretary of Madhya Pradesh Mahila Congress), Sanjay Narayanrao Meshram, Dharmendra Singh Kushwaha, and advocate Gopal Singh.
The petitioners challenged the provisions of the Act, which exclude the CJI from the selection committee for the appointment of Election Commissioners. They argue that the exclusion of the CJI violates the principles of free and fair elections, as it removes an “independent mechanism” for the appointment of members to the Election Commission of India (ECI).
The petitions also stated that the law contravenes the Supreme Court’s March 2, 2023 verdict, which had ordered that the appointment of Election Commission members should be done based on a committee comprising the Prime Minister, the CJI, and the Leader of Opposition in Lok Sabha, until a law is enacted by Parliament.
The petitioners contended that excluding the CJI would undermine the top court’s judgment, as it would make the Prime Minister and his nominee the “deciding factor” in the appointments. The petitions specifically challenged Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which govern the appointment process for Election Commissioners.
The petitioners have sought a direction from the Centre to include the CJI in the selection committee, which currently comprises the Prime Minister, the Leader of Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister. This Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.