In a significant development, the Supreme Court on Friday decided that petitions challenging the appointment process of Election Commissioners under the 2023 law will be heard by a bench whose judges are not in line to become the Chief Justice of India (CJI). Chief Justice Surya Kant recused himself from the matter, citing potential conflict of interest.
The petitions question the constitutional validity of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The law notably removes the Chief Justice of India from the selection panel, replacing the earlier framework laid down in the Anoop Baranwal v. Union of India judgment.
The plea, filed by the Association for Democratic Reforms and others, argues that the new selection committee dominated by members of the executive undermines the independence of the Election Commission. It also challenges Section 7 of the Act as violative of Article 14 (right to equality).
The bench, comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi, took note of submissions urging urgent hearing of the matter.
Senior Advocate Prashant Bhushan, appearing for the petitioners, told the Court,
“It will be best if it is sent to a bench which does not have a prospective Chief Justice.”
He also pressed for urgency, stating,
“This needs to be heard very urgently… it is already covered by several judgments.”
Responding, Chief Justice Kant said,
“This is exactly what was in my mind… there will be conflict of interest in the prayers sought and the position I hold.”
He added that the matter should be assigned to a bench where no such apprehension could arise.
The Supreme Court had earlier declined to stay appointments made under the 2023 Act, even while issuing notice in the petitions. The challenge also seeks reconsideration of the law in light of the Constitution Bench ruling in Anoop Baranwal, which had mandated the inclusion of the CJI in the selection panel to ensure institutional independence.
Passing a brief order, the Court directed, “List on 7th April, 2026 before appropriate bench.”
The matter will now be heard by a bench where none of the judges are in line to become the Chief Justice of India.
Case Title: Association For Democratic Reforms v. Union of India & Dr. Jaya Thakur v. Union of India
Case Number: W.P.(C) No. 87 of 2024 & W.P.(C) No. 14 of 2024
