Chief Justice of India (CJI) Sanjiv Khanna on Tuesday recused himself from hearing a batch of petitions challenging the exclusion of the Chief Justice from the panel responsible for selecting the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The CJI, sitting with Justice Sanjay Kumar, informed advocates representing the six petitioners that he could not hear the pleas and directed that the matter be listed before a bench of which he was not a part.

Senior advocate Gopal Sankaranarayanan and lawyer Prashant Bhushan, appearing for the petitioners, noted that the previous bench, headed by Justice Khanna, had issued notices and passed interim orders in the matter. They expressed no objection if the CJI continued to hear the case. However, Justice Khanna, who assumed office as the 51st CJI after Justice D.Y. Chandrachud demitted office, stated that the cases would now be listed before another bench in the week commencing January 6, 2025, news agency PTI reported.

The bench also instructed the Union government and the Election Commission to file responses to the challenges raised. The petitions have sought to stay the operation of Section 7 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, which excludes the CJI from the panel that selects the CEC and ECs. The bench had earlier refused to stay the law, asserting that the suspension of legislation pending consideration was an exception and not the rule. It noted that interfering with the selection process could lead to chaos and a constitutional breakdown.

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Plea Against Exclusion Of CJI From Panel Selecting CEC, ECs

The petitions challenge the validity of Sections 7 and 8 of the 2023 Act, which outline the process for appointing the CEC and ECs. These provisions replace the earlier laws of the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. The most contentious change is the exclusion of the CJI from the selection committee. Instead, the new law grants 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 power to make appointments.

Section 8 of the Act allows the selection committee to regulate its procedure and permits consideration of candidates beyond those recommended by a search committee led by the Union Law Minister. Several petitioners, including Congress leader Jaya Thakur, the Association for Democratic Reforms, the People’s Union for Civil Liberties, and Lok Prahari, have challenged the Act, arguing that it undermines the impartiality of the Election Commission and risks political interference.

The petitioners contend that the previous system, based on judicial precedent, mandated the involvement of the CJI to safeguard the autonomy of the institution. The 2023 Act was enacted in response to a Supreme Court ruling that called for insulating the election commissioner appointment process from executive influence, which recommended the inclusion of the CJI in the selection panel. However, the new legislation diverges from this suggestion, raising concerns about potential political interference in the selection process.