Supreme Court Urged to Expedite Hearing on Challenges to Law Excluding CJI from EC Appointment Panel

New Delhi, Jan 8 (NationPress) As the term of the current Chief Election Commissioner (CEC) nears its conclusion in February, the Supreme Court was called upon on Wednesday to hasten the planned hearing regarding petitions that dispute the legislation passed by Parliament, which excludes the Chief Justice of India (CJI) from the appointment framework for senior officials of the Election Commission.

"The current CEC is set to retire on February 18, and the new Election Commissioner must be appointed. The crucial question is whether this appointment will adhere to the Constitution Bench ruling or align with this new statute. I kindly request that this matter be addressed next week," attorney Prashant Bhushan stated before a bench led by Justice Surya Kant.

Declining to prioritize the hearing originally slated for February 4, the bench remarked: "How many urgent matters can we accommodate? We recognize the significance of this case, and any substantive matter requires adequate time. February is approaching; please remind us on the morning of February 3 so we can address it on February 4."

Bhushan argued that the issue is already settled by the Constitutional Bench judgment and should not require extensive deliberation.

In March 2023, a Constitutional 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 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 based on the recommendations of a three-member committee comprised of the Prime Minister, the LoP in the Lok Sabha, and in the absence of a LoP, the leader of the largest opposition party in terms of numerical strength, along with the Chief Justice of India," the apex court specified, clarifying that these guidelines will remain effective until Parliament enacts a law in accordance with Article 324(2) of the Constitution.

Following the apex court's ruling, Parliament passed legislation stipulating that the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) will be appointed by the President based on the recommendation of a Selection Committee that includes 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 filed in the Supreme Court contesting the constitutional validity of the Chief Election Commissioner and other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023.

One petition, submitted by a lawyer from Noida, sought 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 appointing the CEC and ECs. Additionally, it urged the Union of India to implement a transparent and independent selection system that forms a neutral and independent selection committee for the appointment of the CEC and other ECs.

Recently, CJI Sanjiv Khanna recused himself from the case, suggesting that the PILs should be heard by a different bench.