Today, On 6th May, The Supreme Court declined the Union Government’s request to postpone the hearing on the petitions challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The bench said the matter required timely consideration.
The Supreme Court refused the Union Government’s request to postpone the hearing on the petitions challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Solicitor General of India Tushar Mehta asked a two-judge bench led by Justice Dipankar Datta to defer the matter, explaining that he was already appearing in the Sabarimala reference case before the 9-judge bench.
At that point, Justice Datta remarked,
“This matter is more important than any other matter.”
Even though the Solicitor General repeatedly asked for an adjournment, the bench which also included Justice Satish Chandra Sharma declined to grant it.
The judges stated that the petitioners could begin their submissions today, while the Union Government would be allowed to present its arguments on another day.
The bench further directed the petitioners to finish their arguments by tomorrow.
The petitions have been filed by Dr. Jaya Thakur along with organisations like Association for Democratic Reforms and Lok Prahari.
They are questioning the Election Commissioners’ Act, which was passed in December 2023.
This law came a few months after the Supreme Court’s March 2023 judgment, where the Court had said that Election Commissioners must be selected by a committee consisting of the Prime Minister, the Leader of Opposition, and the Chief Justice of India, until Parliament brings its own law.
The Supreme Court had issued this direction to make sure that the appointment of Election Commissioners is done independently and without any pressure from the executive.
The Court had also made it clear that its ruling would continue to apply only until Parliament passes a law on the method of appointing Election Commissioners.
In March 2026, Chief Justice of India (CJI) Surya Kant recused himself from the hearing. This was because the petitioners are challenging the CJI’s removal from the selection panel.
The CJI noted that the case would be heard by a bench that would include neither the CJI presiding over the matter nor any future CJI.
Case Title: Dr. Jaya Thakur v. Union of India and connected cases