Today, On 19th February, The Supreme Court bench, comprising Justices Surya Kant and N Kotiswar Singh, heard petitions challenging the Chief Election Commissioner and Other Election Commissioners Act, 2023. Senior advocate Prashant Bhushan argued that removing the Chief Justice of India (CJI) from the selection panel could compromise the Election Commission’s independence. The government defended the move, stating that the new process aligns with constitutional provisions. The court adjourned the hearing, extending uncertainty over the Act’s fate.
New Delhi: Today, A Supreme Court bench comprising Justices Surya Kant and N Kotiswar Singh heared petitions challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023.
Senior advocate Prashant Bhushan, representing the petitioners, raised concerns over the exclusion of the Chief Justice of India (CJI) from the selection panel for Election Commissioners, arguing that this change undermines the independence of the Election Commission of India (ECI).
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During the proceedings, Solicitor General Tushar Mehta sought an adjournment, stating,
“I am before Court 1.”
However, Bhushan opposed the request, pointing out that there were 17 other law officers available and stating,
“This happens every time.”
Responding to the exchange, Mehta asserted,
“I will not stoop so low.”
Justice Surya Kant intervened, saying,
“Let me check if space is available. If not, we will accommodate you.”
The case is being closely followed as it could have significant implications for the autonomy of the Election Commission and the transparency of the selection process for Election Commissioners.
The hearing today follows the Centre’s recent appointment of Gyanesh Kumar as the new Chief Election Commissioner (CEC), a tenure that will extend until January 26, 2029, just ahead of the expected announcement of the Lok Sabha polls by the Election Commission of India.
On Tuesday, lawyer Prashant Bhushan, representing an NGO, informed a bench of Justices Surya Kant and N. Kotiswar Singh that the government had excluded the Chief Justice of India (CJI) from the selection process, calling it a “mockery of democracy.”
The NGO, the Association for Democratic Reforms, is challenging the CJI’s exclusion, arguing that the Election Commission must be shielded from “political” and “executive interference” to uphold a healthy democracy.
Advocate Varun Thakur, representing petitioner Jaya Thakur, noted that three appointments were made by the government under the new law, which is currently under challenge. The bench assured Bhushan and the other parties that it would prioritize the petitions for hearing after addressing some urgent matters on Wednesday.
In addition to Gyanesh Kumar’s appointment, Vivek Joshi, a 1989-batch IAS officer from the Haryana cadre, was also appointed as an election commissioner, with a tenure extending until 2031. According to the law, a CEC or an election commissioner can serve until the age of 65 or for a maximum of six years on the panel.
Former IAS officers Gyanesh Kumar and Sukhbir Sandhu were recommended for appointment as election commissioners in 2024 by a selection panel chaired by Prime Minister Narendra Modi under the new legislation.
Case Title: Dr Jaya Thakur & Ors. v. Union of India & Anr. | Writ Petition (Civil) No. 14 of 2024 (and connected cases)
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