New Delhi: Chief Justice of India (CJI) Sanjiv Khanna on Tuesday recused himself from hearing a clutch of petitions challenging the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023 – which excludes the CJI from the process of appointment of top officials of the Election Commission.
At the outset, CJI Khanna informed about his recusal and said that the matter would be heard by a different Bench.
The CJI Khanna-led Bench ordered the matter to be listed in the week commencing January 6 next year and in the meantime, asked the parties to complete the pleadings.
Earlier in March, the Supreme Court had dismissed the interlocutory applications seeking to stay the fresh appointments made to the poll body under the 2023 Act.
Before this, the top court had refused to pass any interim order staying the implementation of the legislation.
“There will not be a stay. We cannot stay a statute like this,” it had told senior advocate Vikas Singh, who appeared on behalf of a PIL litigant and argued that the impugned legislation violated the separation of power – which has been held to be a part of the basic structure of the Constitution.
Several PILs were filed challenging the constitutional validity of the legislation introduced by the Parliament providing that the Chief Election Commissioner(CEC) and the other Election Commissioners (ECs) will be appointed by the President on the recommendation of a Selection Committee consisting of the PM, the Leader of the Opposition (or the largest opposition party) in the Lok Sabha, and a Union Cabinet Minister to be nominated by the PM.
One of the pleas filed by a Noida-based lawyer sought directions to set aside the gazette notification issued by the Union government on December 28, 2023, and to include the Chief Justice of India in the selection committee for the appointment of the CEC and ECs.
Further, it sought direction to the Union of India for implementing an independent and transparent system of selection constituting a neutral and independent selection committee for appointment of the CEC and other ECs.
In March 2023, a Constitution Bench of the Supreme Court had held that the appointment of top officials of the Election Commission shall be done by the President on the advice of a panel comprising the Prime Minister, the Leader of the Opposition (LoP) in the Lok Sabha, and the Chief Justice of India. “
“We declare that the appointment of the CEC and the other ECs shall be made on the recommendations made by a three-member Committee comprising the Prime Minister, LoP of the Lok Sabha and in case no LoP is available, the Leader of the largest opposition party in the Lok Sabha in terms of numerical strength and the Chief Justice of India,” said the apex court, clarifying that its guidelines shall be in effect until Parliament makes a law in consonance with Article 324(2) of the Constitution.
