In an unexpected move, Chief Justice of India Sanjiv Khanna recused himself from a crucial case concerning the legal framework governing the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners. The recusal occurred during a session scheduled to address several petitions challenging the relevant statutes, specifically in the case of Dr. Jaya Thakur and others versus the Union of India.
The bench, which also included Justice PV Sanjay Kumar, was set to deliberate on the matter, but before the proceedings could commence, CJI Khanna announced his decision to withdraw. He instructed that the case be reassigned to a bench that does not include him and scheduled the next hearing for January 2025, urging the involved parties to finalize their arguments by that time.
Earlier this year, a bench comprising Justice Khanna and Justice Dipankar Datta had opted not to stay the implementation of the law which stipulates the composition of the selection committee responsible for appointing the CEC and other commissioners. This committee is composed of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition in the Lok Sabha.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act of 2023 faces scrutiny for allegedly contravening a previous Supreme Court directive from the Anoop Baranwal v. Union of India case, which recommended including the Chief Justice of India in the commissioners’ appointment process. The government has defended its position by noting that this method of appointing Election Commissioners has been in practice for over 73 years, asserting a long-standing tradition of executive involvement.
