The Supreme Court is likely to hear on Wednesday a batch of petitions challenging the validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023, that excludes the Chief Justice of India from a panel for the selection of the Chief Election (CEC) Commissioner and the Election Commissioners (ECs).
On a mentioning by advocate Prashant Bhushan on Tuesday, seeking an urgent hearing of the batch of petitions, Justice Surya Kant heading a bench also comprising Nongmeikapam Kotiswar Singh said, “We will see tomorrow subject to any other important matters. You make a mention tomorrow, then we can take up. After urgent/fresh matters are over.”
Advocate Bhushan told a bench that the matter is listed for hearing tomorrow and requested the court to hear it as top of the board as it is exceedingly important for future of the democracy
“A complete mockery has been made. Please have it as item 1 tomorrow,” Bhushan told the court.
Earlier in December 3, 2024, the Chief Justice Sanjiv Khanna had recused himself from hearing the challenge to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023, that excluded the Chief Justice of India from a panel for the selection of the Chief Election Commissioner and the Election Commissioners.
The 2023 law on the appointment of the Chief Election Commissioner and Other Election Commissioners has been challenged by the NGO the Association for Democratic Reforms (ADR), Jaya Thakur – General Secretary of the Madhya Pradesh Mahila Congress Committee, Sanjay Narayanrao Meshram, and Dharmendra Singh Kushwaha, and advocate Gopal Singh.
Earlier on January 12, 2024 – a bench comprising Justice Khanna (now CJI) and Justice Dipankar Datta while issuing notice to the Central government on the petitions, had refused to stay the operation of the law, that diluted the March 2, 2023, unanimous judgment by a five-judge constitution bench directing the appointment of the CEC and the ECs on the recommendation of a selection panel comprising the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India.
Under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023, that was notified on December 28, 2023, the penal for the selection of CEC and the ECs include the Prime Minister, Leader of Opposition, and a Central Minister to be nominated by the Prime Minister, thereby giving a clear majority to the government in the selection panel.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023, was passed by Rajya Sabha on December 12 and the Lok Sabha on December 21, 2023, amidst the suspension of a large number of opposition law makers in the lower house.