The Supreme Court has scheduled a hearing for February 19 to address multiple pleas challenging the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners under the new 2023 legislation. This decision comes amidst concerns that any interim actions could lead to significant legal repercussions.
During Wednesday’s session, a bench comprising Justices Surya Kant and N Kotiswar Singh responded to advocate Prashant Bhushan, who represents the NGO ‘Association for Democratic Reforms’. Bhushan emphasized the urgency of the matter, noting that CEC Rajiv Kumar is set to retire on February 18, potentially prompting the government to appoint a new CEC under the contested 2023 law right before the scheduled hearing.
The bench stated, “We are fixing the matter for hearing on February 19. If anything happens in the interregnum, then the consequences are bound to follow.” This statement underscores the court’s intent to address the issue comprehensively and promptly.
Advocate Bhushan highlighted significant concerns about the 2023 law, which alters the selection process of election commissioners. Previously, a verdict in 2023 mandated that commissioners be selected by an independent panel including the Prime Minister, Leader of the Opposition, and the Chief Justice of India (CJI). The new law, however, replaces the CJI with another minister, which Bhushan argues compromises the independence necessary for such appointments.
The NGO has specifically challenged the exclusion of the CJI from the selection committee, arguing that this change facilitates excessive executive interference and undermines the electoral commission’s independence—key to maintaining a robust democracy.
Additionally, the petition by Congress’ Jaya Thakur, represented by advocate Varun Thakur, seeks to ensure that CEC appointments adhere to the principles established by the Constitution bench on March 2, 2023. This earlier verdict was intended to safeguard the appointment process from political influence until Parliament enacted a suitable law.
The challenges also reference recent recommendations for appointing former IAS officers Gyanesh Kumar and Sukhbir Sandhu as Election Commissioners under the new law, a move chaired by Prime Minister Narendra Modi and criticized for potentially eroding the democratic process.
