AGENCY
NEW DELHI, Jan 8
The Supreme Court, on Wednesday, posted for February 4 a batch of petitions challenging validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023, that excludes the Chief Justice of India from a panel for the selection of the Chief Election Commissioner and the Election Commissioners and gives majority to the government in the selection process.
A bench comprising Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan said they would hear the challenge to the validity of the law governing the selection of the Chief Election Commissioner and the Election Commissioners after advocate Prashant Bhushan in a mentioning, seeking an early hearing, said by excluding the Chief Justice of India from the selection panel, the government has acquired control over the selection and appointment of CEC and the ECs, which he said was a threat to the electoral democracy.
The bench said it understands the importance of the matter, but important matters also require a good amount of time for hearing. The bench asked the advocates appearing in the matter to remind the court about the case on February 3 to be taken up on the following day. Advocate Prashant Bhushan appeared for one of the petitioners – the Association for Democratic Reforms. Earlier on December 3, 2024, Chief Justice Sanjiv Khanna had recused from hearing the challenge to the 2023 law.
The order said, “List the matter before a bench of which I am not a part of” and directed that the matter be listed in the week commencing on January 6, 2025. Prior to that on January 12, 2024, a bench of Justice Khanna (now CJI) and Justice Dipankar Datta had issued notice to the Central government on the petitions, but refused to stay the operation of the law.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023, was brought to ineffectuate March 2, 2023, a five-judge constitution bench judgment that had ruled that the panel for the selection of Chief Election Commissioner and the Election Commissioners would include the Prime Minister, Leader of Opposition and the Chief Justice
