The Supreme Court has postponed the hearing of petitions challenging the law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
The new law excludes the Chief Justice of India (CJI) from the selection panel, a change that has sparked legal and political debates.
A bench of Justices Surya Kant and N Kotiswar Singh was scheduled to hear the case but had to adjourn it as other matters took precedence. No new date has been set for the next hearing.
The law in question, the Chief Election Commissioner and Other Election Commissioners Act, 2023, had earlier faced scrutiny in the Supreme Court. In 2024, the court refused to halt the appointment of two Election Commissioners under the Act, arguing that doing so would create uncertainty, especially with elections approaching.
Several petitions have been filed against the Act by various individuals and organisations, including the Association for Democratic Reforms (ADR) and Jaya Thakur, General Secretary of the Madhya Pradesh Mahila Congress Committee. Other petitioners include Sanjay Narayanrao Meshram, Dharmendra Singh Kushwaha, and advocate Gopal Singh. They have sought to put a stay on the Act, arguing that it undermines the independence of the Election Commission.
The petitioners claim that the law violates the principle of free and fair elections by failing to provide an independent mechanism for appointing Election Commission members.
They argue that removing the CJI from the selection process gives the executive more control over appointments, potentially compromising the neutrality of the Election Commission.
In its March 2023 judgment, the Supreme Court had ruled that the selection of Election Commission members should be conducted by a committee consisting of the Prime Minister, the CJI, and the Leader of the Opposition in the Lok Sabha until Parliament enacts a law.
However, the new Act replaces the CJI with a Union Cabinet Minister nominated by the Prime Minister, which the petitioners claim undermines the previous court ruling.
The legal challenge specifically targets Sections 7 and 8 of the Act, which outline the procedure for appointing Election Commission members.
The petitioners want the Supreme Court to direct the government to reinstate the CJI in the selection panel, ensuring greater independence in the appointment process.
The new law replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
While the government has defended the changes as part of its efforts to streamline appointments, critics argue that the move could weaken the Election Commission’s autonomy.
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