Chief Justice of India (CJI) Sanjiv Khanna on Tuesday recused himself from hearing petitions challenging the exclusion of the Chief Justice from the panel responsible for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The petitions challenge the validity of Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.
A bench comprising CJI Khanna and Justice Sanjay Kumar was hearing the matter when the CJI informed the advocates representing the petitioners that he could not continue with the case. The senior lawyers, including Gopal Sankaranarayanan and Prashant Bhushan, expressed no objection to the CJI continuing to hear the case. However, Justice Khanna, who assumed office as CJI after Justice D.Y. Chandrachud’s tenure, decided that the case would be listed before a new bench after the winter recess, starting January 6, 2025.
The petitions challenge the provisions of the 2023 Act that remove the CJI from the appointment panel. Instead, the 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 authority to select the CEC and ECs. This change is significant as it replaces the previous practice, which involved the CJI to ensure impartiality in the selection process.
The petitioners, including Congress leader Jaya Thakur, the Association for Democratic Reforms (ADR), and the People’s Union for Civil Liberties (PUCL), argue that the exclusion of the CJI undermines the Election Commission's autonomy and risks political interference. They claim that the 2023 law diverges from a Supreme Court ruling that had recommended the CJI's inclusion in the selection process to protect the commission’s independence.
The court has directed the Union government and Election Commission to respond to the challenges raised by the petitioners.
(Inputs from PTI)
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