Chief Justice of India (CJI) Surya Kant has decided to step aside from hearing petitions challenging the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023. This act excludes the CJI from the appointment process of top officials of the Election Commission. CJI Kant recused himself to avoid any perception of bias due to the involvement of the Chief Justice of India in the issue.
Advocate Prashant Bhushan, representing the petitioner, suggested that the case should be heard by a Bench without any potential future Chief Justice of India. Acknowledging this suggestion, CJI Kant agreed to assign the case to a Bench where the presiding judge is not a prospective CJI to ensure impartiality and avoid any allegations of bias. The Supreme Court directed that the matter will be listed before a newly constituted Bench on April 7.
The petitions challenge the constitutionality of the 2023 law that removed the Chief Justice of India from the selection committee responsible for appointing the Chief Election Commissioner (CEC) and other Election Commissioners (ECs). Previously, a Constitution Bench had mandated that appointments to the Election Commission of India (ECI) be made by the President based on the advice of a three-member panel including the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. However, the 2023 legislation altered this composition, excluding the CJI from the selection committee.
