The Supreme Court on Wednesday postponed the hearing of several petitions that question the 2023 legislation regarding the appointment procedures for the Chief Election Commissioner (CEC) and Election Commissioners (ECs). This deferment occurred amidst controversy surrounding Gyanesh Kumar’s commencement as India’s newest CEC, an appointment opposed by the Congress party due to ongoing legal proceedings.
The decision to adjourn was made after Solicitor General Tushar Mehta, representing the Union Government, requested additional time due to his involvement in another constitutional bench matter. The Court has yet to schedule a new date for the hearing.
On Tuesday, Justice Surya Kant, leading the bench, had considered an expedited hearing following advocate Prashant Bhushan’s argument, who represents one of the petitioners, stressing the issue’s critical importance for Indian democracy. However, when the court convened on Wednesday, Mehta asked for a postponement, citing his preoccupation with a separate case on the court’s authority to alter arbitral awards.
Bhushan opposed the delay, noting that the government employs 17 law officers who could potentially step in for Mehta. Despite Bhushan’s objections, Mehta avoided further debate, stating he would “not stoop that low.” The bench, which also includes Justice N. Kotiswar Singh, acquiesced to Mehta’s request, indicating a possible rescheduling if his engagements continued beyond the day.
The 2023 law, which governs the appointment of the CEC and ECs, has ignited considerable debate, particularly with Kumar’s recent appointment. He is the first CEC appointed under the new regulations, previously serving as the Secretary in the Ministry of Cooperation and appointed last year as an Election Commissioner. His elevation to CEC was confirmed on Monday night by a selection panel headed by Prime Minister Narendra Modi, which also includes Union Home Minister Amit Shah and Leader of the Opposition Rahul Gandhi. Gandhi criticized the selection procedure, highlighting the ongoing Supreme Court case.
The contentious aspect of the 2023 law stems from a May 2023 Constitutional bench judgment that mandated the selection of the CEC and ECs be conducted by a committee including the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI) to ensure transparency. In a significant change, the law passed in December 2023 substituted the CJI with a Union minister, which critics argue undermines the independence of the selection process by granting the Executive a disproportionate influence in these appointments.
Petitions led by Congress leader Jaya Thakur, alongside NGOs like the Association for Democratic Reforms (ADR), Lok Prahari, and the PUCL, argue that this alteration violates the separation of powers principle, consequently compromising the Election Commission’s autonomy and the constitutional promise of impartial elections.
