Supreme Court Fixes May 14 For Hearing Pleas Against Appointment Of CEC, ECs Under 2023 Law

The Supreme Court on Wednesday scheduled May 14 to hear a batch of petitions challenging the recent appointments of the Chief Election Commissioner and Election Commissioners under the new law enacted in 2023.

A bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan fixed the date after advocate Prashant Bhushan, representing the petitioner NGO Association for Democratic Reforms (ADR), sought an urgent hearing on the matter.

Urgent Hearing Sought

Bhushan argued that the issue was already covered by the 2023 Constitution Bench verdict, which had laid down guidelines for the appointment process of the CEC and ECs. The verdict mandated a selection panel including the Prime Minister, the Leader of Opposition, and the Chief Justice of India (CJI) until Parliament passed a law on the matter.

Responding to Bhushan’s request, Justice Kant assured, “The court will take up the matter on May 14 by cancelling a special bench matter on the said date.” Bhushan further urged the court to list it as a top priority case on that day, though Justice Kant noted the bench would also be handling several part-heard land acquisition matters.

Challenge To New Appointment Law

The heart of the legal debate lies in whether the appointments made under the 2023 law, which excludes the CJI from the selection panel, override the Constitution Bench’s directive.

Bhushan had earlier contended that by bypassing the CJI in the selection process, the government was “making a mockery of democracy.” He emphasized that the new law enables excessive executive control over the Election Commission, undermining its independence.

Key Appointments Under Scrutiny

Under the new law, the Centre appointed Gyanesh Kumar, a former EC, as the new Chief Election Commissioner on February 17. Kumar becomes the first CEC appointed under the 2023 law and is set to serve until January 26, 2029, just before the next Lok Sabha election, schedule is expected.

Alongside him, Vivek Joshi, a 1989-batch IAS officer from Haryana, was appointed as an Election Commissioner. At 58, he could serve in the commission until 2031, as per the law which stipulates a retirement age of 65 or a 6-year term.

Case Background

Earlier, on March 15, the Supreme Court refused to stay these appointments, stating that the March 2, 2023 verdict only held until a law was enacted by Parliament. The new law, critics argue, was enacted without removing the underlying basis of the earlier judgment, which had warned that leaving appointments solely to the executive would endanger free and fair elections.

The ADR has strongly opposed the exclusion of the CJI from the process, stating that the Election Commission must be shielded from “political” and “executive interference” to ensure democratic integrity.

The selection of both Gyanesh Kumar and Sukhbir Sandhu, another former IAS officer, was made by a panel headed by Prime Minister Narendra Modi, as per the new law.