Supreme Court To Hear Pleas Challenging Election Commissioners' Law On April 16

The Supreme Court on Wednesday (March 19) scheduled the hearing of pleas challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, for April 16.

The petitions, listed before a bench comprising Justices Surya Kant and NK Singh, contest the removal of the Chief Justice of India (CJI) from the selection panel responsible for appointing Election Commissioners (ECs). As per the law, ECs are to be selected by a panel comprising the Prime Minister, a Cabinet Minister and the Leader of the Opposition.

Advocate Prashant Bhushan, appearing for the Association for Democratic Reforms, mentioned the matter this morning, requesting for a priority listing on another day since the matter - listed as item 38 today - was not likely to be taken up due to the Court's packed schedule.

Emphasising the significance of the issue, Bhushan said, "This matter goes to the root of our democracy." 

"Your lordships may not be able to take it up today, but it may be next listed on top of the board," he submitted.

Justice Surya Kant, however, cautioned against frequent accommodations, stating, "If we keep accommodating members of the Bar, then the entire traffic will..." Bhushan assured the court that the hearing would not take much time, seeking a 2-3 hour slot. He added that the case is largely covered by the Constitution Bench judgment (in the Anoop Baranwal case, which stressed the need for an independent mechanism to appoint ECs).

The bench ultimately scheduled the matter for April 16, with Justice Kant noting that the court would ensure minimal urgent listings that day so the case could be heard at the start of proceedings. "The idea is that if we can start and finish [on the same day]..." he remarked, to which Bhushan reaffirmed that the petitioners' arguments would not take long.

The CEC Act, 2023, has been at the centre of a legal and political debate, with critics arguing that the removal of the CJI from the selection panel undermines the independence of the Election Commission. 

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. 

The Court had earlier agreed to hear the matter before the appointment of the new CEC following the retirement of Rajiv Kumar and posted it to Febraury 12. However, the case was not listed on February 12 and got posted to February 19. The matter was not taken on February 19 and got adjourned to March 19.

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