SC To Hear Pleas Challenging Law On Election Commissioners’ Appointment On April 16

The Supreme Court on Wednesday scheduled the hearing of petitions challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 for April 16.

Critics argue that the removal of the Chief Justice of India from the selection panel undermines the Election Commission’s independence.

New Selection Process Under Law

A bench comprising Justices Surya Kant and NK Singh will hear the pleas, which contest the exclusion of the CJI from the committee responsible for appointing Election Commissioners (ECs). Under the new law, ECs will be chosen by a panel consisting of the Prime Minister, a Cabinet Minister, and the Leader of the Opposition.

Prashant Bhushan Pushes For Urgent Hearing

Advocate Prashant Bhushan, representing the Association for Democratic Reforms, urged the Supreme Court to prioritize the case. He emphasized that the issue is crucial to democracy and argued that removing the CJI from the process weakens institutional checks and balances.

Court Assures Focused Hearing On April 16

Justice Surya Kant assured that April 16 would be set aside for the hearing, ensuring minimal urgent listings so the case could be heard at the start of proceedings. The court acknowledged the importance of the issue but declined to reschedule the hearing earlier.

The CEC Act, 2023 has been a topic of legal and political debate, with critics arguing that it gives the government greater control over EC appointments. Congress leader Jaya Thakur and the Association for Democratic Reforms are among those who have challenged the law in court.

Delay In Hearings

The Supreme Court had initially planned to hear the case before the appointment of a new Chief Election Commissioner following Rajiv Kumar’s retirement. However, the matter was postponed multiple times—from February 12 to February 19, then to March 19, before finally being scheduled for April 16.

Prior Orders

A court bench led by then-Justice Sanjiv Khanna (now CJI) and Justice Dipankar Datta had earlier declined to stay the implementation of the law, allowing the government to proceed with appointments under the new system.

The outcome of the case, Dr. Jaya Thakur & Ors. v. Union of India & Anr., could significantly impact the independence and neutrality of the Election Commission.

The April 16 hearing is expected to be a crucial moment for the future of electoral governance in India.

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