The Supreme Court will hear a batch of petitions challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 on April 16.
The petitions raised objections to the removal of the Chief Justice of India (CJI) from the selection panel responsible for appointing the Election Commissioners (ECs). As per the law, the ECs are selected by a panel comprising the Prime Minister, a Cabinet Minister, and the Leader of the Opposition.
Advocate Prashant Bhushan mentioned the petitions on Wednesday before the Bench of Justice Surya Kant and Justice NK Singh.
Appearing for one of the petitioners, the Association for Democratic Reforms, Advocate Bhushan sought priority listing on some other day since the matter, listed as item 38 today, was not likely to be taken up due to the Court’s packed schedule.
The Counsel contended that the issue was deeply connected with the roots of the Indian democracy.
The Bench observed that frequent accommodations of the Bar members may lead to diversion of the entire traffic (matters pending before the Apex Court).
Advocate Bhushan sought a 2-3 hour slot on the grounds that since the the topic has been largely covered by the Constitution Bench judgment in the Anoop Baranwal case (which stressed on the need for an independent mechanism to appoint ECs.), the hearing would not take much time.
The Apex Court ultimately listed the matter for hearing on April 16, stating that it would ensure minimal urgent listings on that day so the case could be heard at the start of proceedings.
Since its enactment, the CEC Act, 2023, has remained a major issue for discussion among the political and legal circles of the country. Many people have opined that the removal of the CJI from the selection panel undermined the independence of the Election Commission.
The petitioners challenging the validity of the Act before the Apex Court include Congress leader Jaya Thakur and the Association for Democratic Reforms.
The top court of the country had earlier decided to hear the case on February 12, 2025, before the appointment of the new CEC following the retirement of Rajiv Kumar. However, the matter could not be listed on February 12 and was adjourned to February 19. It was later listed for hearing on March 19.
Earlier in March last year, the Bench of Justice Sanjiv Khanna (now CJI) and Justice Dipankar Datta had refused to stay the CEC Act.
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