The Supreme Court of India has scheduled a hearing for February 12 to address legal challenges against the recent appointment process of the Chief Election Commissioner (CEC) and other Election Commissioners under the 2023 law. The bench, consisting of Justices Surya Kant and N Kotiswar Singh, has committed to resolving the matter based on its merits.
Advocate Prashant Bhushan, representing the Association for Democratic Reforms (ADR), highlighted the urgency of the case, particularly in light of the upcoming superannuation of the incumbent CEC, Rajiv Kumar, on February 18. Bhushan emphasized that the 2023 Constitution bench verdict mandated that Election Commissioners should be appointed by an independent committee, not solely by the government. This committee was originally to include the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI).
However, the 2023 legislation altered this composition by excluding the CJI and adding another ministerial position, which Bhushan argues undermines the impartiality required for fair electoral oversight. “That’s precisely what the Constitution bench said that it is opposed to the level-playing field and our electoral democracy. You need to have an independent committee to appoint the election commissioners,” Bhushan stated.
Congress member Jaya Thakur, represented by Advocate Varun Thakur, also moved a petition demanding that the appointment of the CEC adhere to the guidelines set by the March 2, 2023, Constitution bench decision.
Solicitor General Tushar Mehta, representing the Centre, opposed the interim order request and assured that the government was prepared to defend the amendments during the final hearing. Previously, another bench of the Supreme Court had declined to issue an interim order affecting these appointments, which included former IAS officers Gyanesh Kumar and Sukhbir Sandhu, recommended under the new law by a panel led by Prime Minister Narendra Modi.
