Today, On 3rd December, Chief Justice of India Sanjiv Khanna recused himself from hearing a challenge to the Chief Election Commissioner (CEC) Act 2023. The act excludes the CJI from the appointment committee for Election Commissioners, sparking legal scrutiny. CJI Khanna directed that the case be listed before another bench in the week starting January 6, 2025.
New Delhi: Chief Justice of India Sanjiv Khanna recused himself today from hearing a series of petitions challenging the legality of the law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners.
The bench, which included Chief Justice Khanna and Justice Sanjay Kumar, reviewing petitions contesting the constitutionality of Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
A bench led by Chief Justice of India (CJI) Sanjiv Khanna and Justice P.V. Sanjay Kumar set to hear the case today when the CJI opted to recuse himself.
He stated,
“List the matter before a bench of which I am not a part of,”
And directed that the case be scheduled for January 2025. The parties involved were instructed to complete their pleadings by that time.
A bench comprising Justice Khanna and Justice Dipankar Datta previously declined to stay the law earlier this year.
This law establishes a selection committee for appointing the Chief Election Commissioner and other Election Commissioners, consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition in the Lok Sabha.
The bench also opted not to intervene in the appointments of two Election Commissioners, Sukhbir Singh Sandhu and Gyanesh Kumar.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act of 2023 is being challenged on the grounds that it contradicts the Supreme Court’s ruling in Anoop Baranwal v. Union of India and others, which mandated the inclusion of the Chief Justice of India in the appointment process for Election Commissioners.
The Union government previously noted that Election Commissioners in India have been appointed solely by the executive for over 73 years.
These petitions are scheduled to be heard in the week starting January 6, 2025, by a different bench. The court also instructed the Union Government and the Election Commission of India (ECI) to submit their responses.
Later, Parliament passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.
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This legislation modified the composition of the selection committee, removing the CJI and replacing them with a Cabinet Minister chosen by the Prime Minister. This change effectively nullified the earlier Supreme Court mandate, raising concerns about the potential compromise of the ECI’s autonomy.
The decision to exclude the CJI has been legally contested, with petitioners arguing that it weakens the safeguards meant to maintain the Election Commission’s independence.
Chief Justice Sanjiv Khanna has recused himself from hearing the case, instructing that it be assigned to another bench in January 2025, with all pleadings to be finalized beforehand.