Supreme Court Adjourns Pleas Challenging Election Commissioners' Law

The Supreme Court today adjourned the pleas challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which removed the Chief Justice of India from the selection panel appointing Election Commissioners (ECs).

The matter was listed before a bench of Justices Surya Kant and N Kotiswar Singh at serial No. 41. However, in terms of yesterday's exchange, it was mentioned by Advocate Prashant Bhushan when the bench assembled in the morning, requesting that it be heard on priority.

At the time, Justice Kant indicated an inclination to take up the matter after another case, however, Solicitor General Tushar Mehta (for Union) sought an accommodation pointing out that he was occupied in a hearing before CJI Khanna-led Constitution Bench.

Bhushan objected to the request, saying that there are 17 law officers with the Union and every matter can't be adjourned simply because the SG is occupied in another Court. The SG was displeased by Bhushan's remark and said, "let's not stoop that low". The bench, on the other hand, conveyed to the SG that it would accommodate his request if he does not get free from the Constitution Bench hearing.

Thereafter, the bench proceeded with the other matters. Later, the pleas were mentioned twice, however, were not taken up for hearing. When one of the counsel claimed that the hearing of the petition(s) was important for the survival of democracy and Executive-dominated appointment of ECs was affecting 140 crore people in the country, Justice Kant responded, "All matters are very important. We don't think that any matter is [superior]".

Before rising, the judge told Bhushan to "take a chance" on March 19 (tentative date, to be confirmed once the order is uploaded).

Background

The subject pleas challenge constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which removed the Chief Justice of India from the selection panel appointing Election Commissioners (ECs).

The Election Commissioners' Act was passed by the Parliament in December 2023, few months after the Supreme Court in March 2023 ruled that ECs should be appointed by a panel comprising the Prime Minister, the Leader of Opposition and the Chief Justice of India till a law is enacted. The Court passed this direction to ensure that the ECs are appointed in an independent manner, free of influence by the executive.

According to the Act, Election Commissioners are selected by a committee consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha.

The enactment of the Election Commissioners' Act triggered a cascade of litigation, with Congress leader Jaya Thakur, the Association for Democratic Reforms, and others approaching the apex court.

In March, 2024, a bench comprising Justices Sanjiv Khanna (now CJI) and Dipankar Datta refused to stay the CEC Act. During the hearing, the Bench remarked that there were two aspects in the matter - one being whether the Act itself was constitutional and the other being the procedure adopted.

Case Title: Dr Jaya Thakur & Ors. v. Union of India & Anr. | Writ Petition (Civil) No. 14 of 2024 (and connected cases)

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