Supreme Court Schedules February 12 Hearing for Challenges to Law Excluding CJI from EC Appointment Panel

New Delhi, Feb 3 (NationPress) The Supreme Court has set February 12 for the hearing of several petitions contesting the legislation enacted by Parliament, which removes the Chief Justice of India (CJI) from the appointment process for senior officials of the Election Commission.

During the session before a bench led by Justice Surya Kant, attorney Prashant Bhushan expressed concerns that the petitions regarding the Chief Election Commissioner and other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023 may not be prioritized for the upcoming hearing on February 4.

Bhushan highlighted that the current Chief Election Commissioner (CEC) will retire on February 18, urging for an expedited final hearing or the issuance of an interim order.

Solicitor General Tushar Mehta, the second-highest legal officer of the central government, countered the request for an interim order, stating that the Union government is prepared with its response and the case should be scheduled for a final hearing.

He pointed out that the Supreme Court had previously declined an interim stay on the implementation of the disputed law.

Setting the hearing for February 12, the Justice Kant-led bench remarked: "It is preferable this matter is resolved on its merits."

During the proceedings on January 8, Bhushan mentioned: "The current CEC is set to retire on February 18, necessitating the appointment of a new Election Commissioner. The question arises whether the appointment will adhere to the Constitution Bench ruling or follow this new legislation. I urge that this case be heard next week."

Refusing to expedite the February 4 hearing, the Justice Kant-led bench noted: "We must consider how many matters can be prioritized for urgent hearings. We recognize the significance of the case, and every important matter requires adequate time. February is approaching, remind us on the morning of February 3, so we can address the matter on February 4."

In March 2023, a Constitution Bench of the Supreme Court determined that the appointment of top officials in the Election Commission should be conducted by the President based on recommendations from a panel that includes 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 following the recommendations of a three-member Committee consisting of the Prime Minister, the LoP of the Lok Sabha, and in the absence of a LoP, the leader of the largest opposition party in the Lok Sabha based on numerical strength, along with the Chief Justice of India," stated the apex court, clarifying that its directives will remain effective until Parliament enacts a law consistent with Article 324(2) of the Constitution.

Following the apex court's ruling, the Parliament enacted a law stipulating that the Chief Election Commissioner (CEC) and the other Election Commissioners (ECs) will be appointed by the President based on recommendations from a Selection Committee composed of the PM, the Leader of the Opposition (or the largest opposition party) in the Lok Sabha, and a Union Cabinet Minister designated by the PM.

Multiple Public Interest Litigations (PILs) have been submitted to the Supreme Court, challenging the constitutional validity of the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023.

One such petition from a lawyer based in Noida requested orders to annul the gazette notification issued by the Union government on December 28, 2023, and to reinstate the Chief Justice of India in the selection committee for the appointment of the CEC and ECs. Additionally, the petition sought directives for the Union of India to establish an independent and transparent selection system, involving a neutral selection committee for the appointment of the CEC and other ECs.