Supreme Court To Hear On Nov 11 Pleas Challenging Law Dropping CJI From Panel Appointing Election Commissioners

The Supreme Court will hear the pleas challenging Chief Election Commissioner and Other Election Commissioners Act 2023, which dropped the CJI from panel appointing Election Commissioners, on November 11.The matter was listed today before a bench of Justices Surya Kant and Joymalya Bagchi, which could not take it up at its turn due to paucity of time. When it was mentioned by Advocate Prashant Bhushan (for petitioner), the matter got listed on November 11.While mentioning, Bhushan submitted that the matter has been listed from time to time, but not been heard. He beseeched the Court to spare 3-4 hours on a day, of which the petitioners will take 2 hours to complete their submissions. Hearing him, Justice Kant said that the matter may be mentioned on the morning of November 11, so that the bench can adjourn non-urgent matters on the said day. Notably, the Court had agreed to hear the matter before the appointment of CEC Gyanesh Kumar following the retirement of Rajiv Kumar and posted it to February 12. However, the case was not listed on February 12 and got posted to February 19. On February 17, Gyanesh Kumar was elevated as the Chief Election Commissioner.After his appointment, the petitioners urged the Court to hear the matter on priority, saying appointments were being made in violation of the Court's Anoop Baranwal judgment. It was also pointed out that last 3 appointments were made in the same routine manner. But the Court observed that stay of operation of the Act was declined in March 2024.BackgroundThe 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 Supreme Court.Case Title: Dr Jaya Thakur & Ors. v. Union of India & Anr. | Writ Petition (Civil) No. 14 of 2024 (and connected cases)

Supreme Court To Hear On Nov 11 Pleas Challenging Law Dropping CJI From Panel Appointing Election Commissioners

Debby Jain

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