New Delhi, Feb 3 (PTI) – The Supreme Court has scheduled February 12 to hear multiple petitions challenging the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) under the 2023 law.
A bench comprising Justices Surya Kant and N Kotiswar Singh stated that the matter would be decided on merit and conclusively.
Senior advocate Prashant Bhushan, representing the NGO Association for Democratic Reforms (ADR), highlighted the urgency of the matter, given that the current CEC, Rajiv Kumar, is set to retire on February 18. He argued that the case aligns with the Supreme Court’s March 2, 2023, Constitution bench ruling, which mandated that election commissioners be appointed by an independent committee rather than solely by the government.
Bhushan contended that the 2023 law alters the composition of the selection panel by replacing the Chief Justice of India (CJI) with a government minister, thereby granting the executive undue influence over appointments. "This is precisely what the Constitution bench opposed. The government’s law threatens the level-playing field in electoral democracy," Bhushan emphasized.
Advocate Varun Thakur, representing Congress leader Jaya Thakur, also filed a petition seeking directions to ensure that the appointment of the CEC follows the Supreme Court’s 2023 ruling.
However, Solicitor General Tushar Mehta, appearing for the Centre, opposed the petitioners' submissions and their request for an interim order. He noted that a different Supreme Court bench had already declined to issue an interim order on the matter. Mehta affirmed the government’s readiness for arguments and supported a final hearing on the issue.
Judicial vs Legislative Authority
On January 8, the Supreme Court acknowledged the fundamental question of whether judicial verdicts can override legislative powers. Previously, on March 15, 2024, the top court declined to stay the appointments of ECs under the 2023 law and postponed the hearing on related petitions.The ADR has contested the exclusion of the CJI from the selection panel, arguing that the Election Commission must be protected from political and executive interference to uphold democratic integrity. The NGO claims that the Centre overruled the 2023 verdict without addressing its core rationale and that the new selection process compromises the independence of the poll panel.
Under the revised law, a selection committee chaired by Prime Minister Narendra Modi recommended former IAS officers Gyanesh Kumar and Sukhbir Sandhu as Election Commissioners in 2024. The ADR has sought to halt the implementation of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which removed the CJI from the selection committee.
The Supreme Court's 2023 verdict had underscored that leaving the appointment process solely to the executive could weaken democracy and undermine the conduct of free and fair elections.
With the retirement of the incumbent CEC nearing, the upcoming hearing on February 12 will be pivotal in determining whether the judiciary will uphold its previous stance on an independent selection process or allow the Centre’s new appointment mechanism to prevail.
