The Supreme Court Today (March 19) scheduled April 16 to hear petitions challenging the appointment of the CEC and ECs under the 2023 law. Advocate Prashant Bhushan urged an urgent hearing, calling it a crucial issue for democracy, citing the 2023 Constitution Bench ruling.
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NEW DELHI: The Supreme Court on Wednesday fixed April 16 for hearing a batch of pleas challenging the appointment of the chief election commissioner (CEC) and election commissioners (EC) under the 2023 law.
A bench of Justices Surya Kant and N Kotiswar Singh fixed the date for hearing the pleas after advocate Prashant Bhushan said the matter is listed at number 38 and is not likely to reach for hearing during the course of the day.
Bhushan requested an urgent hearing of the matter, saying it goes to the root of democracy and the issue is covered by the 2023 Constitution bench verdict.
Court Hearing Today
During the hearing, Advocate Prashant Bhushan, who represented the petitioners, spoke in court:
Bhushan: “I understand your lordships have a busy schedule… The issue is largely covered by a Constitution Bench ruling. While you may not have time to address it today, perhaps it could be listed early on the board next time.”
Justice Surya Kant: “If we continue adjusting for requests from the Bar, the entire schedule will be disrupted.”
Bhushan: “It won’t take much time.”
Justice Kant: “We are aware of that point, and we’re not overlooking anything.”
Bhushan: “If possible, it can be scheduled for an early date with 2-3 hours allocated.”
After this discussion, the Supreme Court decided that the hearing would take place on April 16.
Justice Kant: “The intention is to begin and conclude the hearing on the same day.”
Bhushan: “Our side’s arguments won’t take long.”
Justice Kant assured that the case would be given priority that day, and only a few urgent cases would be taken up along with it.
Background of the Case
Earlier, on February 19, 2024, the Supreme Court postponed the hearing of several petitions challenging the CEC Act, 2023.
These petitions argue that the removal of the CJI from the selection panel is unconstitutional because it weakens the independence of the Election Commission of India (ECI).
The Supreme Court had planned to hear the case earlier but could not take it up as the court was busy with other matters. In early 2024, the Supreme Court also refused to stop the appointment of two new Election Commissioners under this law, even though some people had asked the court to pause the appointments.
The court rejected these requests, saying that elections were coming up soon and stopping the process now would lead to “chaos and uncertainty.”
The petitions against this law were filed by:
- Association for Democratic Reforms (ADR)
- Jaya Thakur (General Secretary of the Madhya Pradesh Mahila Congress Committee)
- Sanjay Narayanrao Meshram
- Dharmendra Singh Kushwaha
- Advocate Gopal Singh
At that time, the Supreme Court did not stop the law from being implemented, but it did ask the Central Government to respond by April.
What Are the Petitioners Arguing?
The main argument in these petitions is that the CEC Act, 2023, violates the idea of free and fair elections in India. The petitioners say that the new law does not allow for an independent selection process for Election Commissioners.
They argue that removing the CJI from the panel goes against a past Supreme Court judgment from March 2, 2023.
In the March 2, 2023 ruling, the Supreme Court had said that the CEC and Election Commissioners should be appointed based on the recommendation of a selection committee that included:
- Prime Minister
- Chief Justice of India (CJI)
- Leader of Opposition in Lok Sabha
The Supreme Court had also mentioned that this system should remain until Parliament creates a law. However, when Parliament passed the CEC Act, 2023, it removed the CJI from the panel. Instead, the selection panel now includes:
- Prime Minister
- A Union Cabinet Minister (chosen by the PM)
- Leader of Opposition in Lok Sabha
The petitioners argue that this change gives too much power to the government, because the Prime Minister and his nominee would always have the majority in selecting Election Commissioners.
Legal Challenge to the Act
The petitioners are particularly challenging Sections 7 and 8 of the CEC Act, 2023, which explain how Election Commissioners should be appointed.
They are asking the Supreme Court to order the Central Government to include the Chief Justice of India (CJI) in the selection panel, to ensure a balanced and fair appointment process.
Before this law, the selection of Election Commissioners was governed by the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
However, the CEC Act, 2023, has replaced this old law and brought major changes to how Election Commissioners are chosen.
Many people believe that these changes reduce the Election Commission’s independence and give too much control to the ruling government.
What Will Happen Next?
The Supreme Court’s hearing on April 16 will be very important because it will decide whether the CEC Act, 2023, is constitutional or not.
The main question before the court is whether removing the CJI from the selection process goes against the principle of free and fair elections in India.
The court’s decision in this case will have a huge impact on how Election Commissioners are appointed in the future, and whether the Election Commission will continue to be an independent body or come under more government control.
CASE TITLE:
Dr Jaya Thakur & Ors. v. Union of India & Anr.
Writ Petition (Civil) No. 14 of 2024.
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