Supreme Court fixes April 16 for hearing pleas against appointment of CEC, ECs under 2023 law

A bench of Justices Surya Kant and N Kotiswar Singh fixed the date for hearing the pleas after advocate Prashant Bhushan said the matter is listed at number 38 and is not likely to reach for hearing during the course of the day.

New Delhi: The Supreme Court on Wednesday said it would hear on April 16 a batch of pleas challenging the validity of the law in in connection with the appointment of Chief Election Commissioner (CEC) and Election Commissioners, which dropped Chief Justice of India from the selection panel for Election Commissioners.

Advocate Prashant Bhushan, appearing for NGO Association for Democratic Reforms sought urgent hearing into the matter before a bench of Justices Surya Kant and N Kotiswar Singh.

He said an immediate hearing was required, as this matter goes to the root of our democracy.

The counsel submitted the matter was listed for hearing, but it seemed that hearing would be difficult in view the court's packed schedule. The petitioners' arguments would not take long, he said.

The bench, however, scheduled the matter for hearing on April 16. It said the court would ensure hearing at great length on the day.

The petitioners argued that the top court in its March 2023 verdict had set up a panel comprising the Prime Minister, the Leader of Opposition, and the CJI to appoint the CEC and election commissioners (ECs). In December 2023, the Centre enacted The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The new law has replaced the Chief Justice of India by a minister on a panel to be set up for the purpose of selecting the CEC and ECs, which was directly in conflict with a judgment delivered by the apex court.

The Constitution bench judgment in Anoop Baranwal Vs Union of India had in March, 2023 declared that the appointment of CEC and ECs would be made by the President on advice of a panel, comprising Prime Minister, Leader of Opposition and Chief Justice of India, "until a law is put in place in this regard". The court had earlier on March 21, 2024 refused to stay the new law for appointment (CEC) and ECs, saying the manner in which the government went about expediting the appointments was "unnecessary and avoidable" but it could not stay the legislation as this will only lead to chaos and uncertainty.  

Congress leader Jaya Thakur and NGOs -- ADR, the People's Union for Civil Liberties (PUCL), Lok Prahari challenged the validity of the law and sought a stay on the operation of Section 7 of the CEC and other ECs Act, 2023, which excluded the CJI from the panel that picked the CEC and ECs.