The Supreme Court has slated May 14 for a critical hearing on a series of petitions challenging the legality of appointing the Chief Election Commissioner (CEC) and other election commissioners under the 2023 legislation. This decision came after advocate Prashant Bhushan, representing an NGO, pressed for an expedited review, highlighting the constitutional stakes involved.
The bench, comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan, adjusted their schedule to prioritize this significant matter over another special bench case initially set for that day. The petitions challenge the deviations from a 2023 Constitution bench ruling which outlined the appointment process for the CEC and commissioners, involving a selection panel of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI). The controversial 2023 law excludes the CJI from this panel, a point of contention for those advocating for judicial oversight in such appointments.
During the session, Bhushan emphasized the urgency of the issue, pointing to the potential undermining of democratic principles if the appointments were left solely in political hands. The government’s recent appointments under the new law, including EC Gyanesh Kumar as the new CEC, were cited as examples of this “mockery of democracy.” Kumar, the first to be appointed under the new legislation, is set to serve until January 26, 2029, which is notably just before the next general elections are expected to be announced.
The law stipulates that either a tenure of six years or retirement at the age of 65 caps the service of a CEC or an EC, whichever comes first. Additionally, in 2024, former IAS officers Gyanesh Kumar and Sukhbir Sandhu were recommended for appointment as commissioners by a selection panel led by Prime Minister Narendra Modi, following the contentious new guidelines.
The petitions argue that the exclusion of the CJI from the selection panel compromises the independence and impartiality essential for the Election Commission, thereby endangering the integrity of India’s electoral process. In March 2024, the apex court declined to stay the appointments made under the 2023 law and highlighted that its previous verdict was intended to remain effective until properly superseded by legislative action.
