CJI Sanjiv Khanna Steps Back from Hearing on Election Commission Appointment Law
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New Delhi, Dec 3 (NationPress) Chief Justice of India (CJI) Sanjiv Khanna on Tuesday recused himself from considering a series of petitions contesting the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023 – which removes the CJI from involvement in the appointment of senior officials within the Election Commission.
At the beginning, CJI Khanna announced his recusal and indicated that a different Bench would take up the case.
The Bench led by CJI Khanna scheduled the matter for hearing in the week starting from January 6 next year, while instructing the involved parties to finalize their pleadings in the interim.
Previously, in March, the Supreme Court had rejected interlocutory applications that sought to halt the recent appointments made to the poll body under the 2023 Act.
Prior to that, the apex court had declined to issue any interim order suspending the execution of the legislation.
"There will not be a stay. We cannot suspend a statute like this," it had stated to senior advocate Vikas Singh, who represented a PIL litigant and claimed that the challenged legislation breached the doctrine of separation of powers – a principle recognized as part of the Constitution's basic structure.
A number of PILs were filed questioning the constitutional legitimacy of the legislation enacted by Parliament, which stipulates that the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) will be appointed by the President based on the recommendations of a Selection Committee composed of the Prime Minister, the Leader of the Opposition (or the largest opposition party) in the Lok Sabha, and a Union Cabinet Minister designated by the PM.
One petition submitted by a lawyer from Noida requested orders to annul the gazette notification released by the Union government on December 28, 2023, and to incorporate the Chief Justice of India into the selection committee responsible for appointing the CEC and ECs.
Additionally, it sought directives for the Union of India to establish an independent and transparent selection system comprising a neutral and independent selection committee for the appointment of the CEC and other ECs.
In March 2023, a Constitution Bench of the Supreme Court determined that the appointment of senior officials of the Election Commission should be conducted by the President based on the advice of a panel including the Prime Minister, the Leader of the Opposition (LoP) in the Lok Sabha, and the Chief Justice of India.
"We declare that the appointment of the CEC and other ECs will be made based on the recommendations of a three-member Committee consisting of the Prime Minister, the LoP of the Lok Sabha, and in the absence of the LoP, the leader of the largest opposition party in the Lok Sabha based on numerical strength, along with the Chief Justice of India," the apex court clarified, stating that its guidelines would remain effective until Parliament enacts a law consistent with Article 324(2) of the Constitution.
