"No Prospective CJI Will Hear It," Supreme Court on Plea Against Election Commissioners Appointment Process

The Supreme Court today indicated that the petitions challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 will be placed before a bench in which no judge are in line to become Chief Justice of India.

A bench of CJI Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi was hearing a batch of pleas challenging provisions of the Act which removed the Chief Justice of India from the selection panel appointing Election Commissioners (ECs).

During the hearing CJI Kant highlighted his conflict of interest in hearing the case and recused himself. Advocate Prashant Bhushan went on to suggest that the case should go before some other bench.

"Probably, in my view, it will be best if it is sent to a bench which does not have a prospective Chief Justice", Bhushan said. Hearing this, CJI Kant responded, "I should mark this matter to a bench where the judge may not be in line to become CJI. Then nobody can say anything."

The petitions object to the removal of the Chief Justice of India from the selection panel responsible for appointing Election Commissioners, a significant alteration to the previous process.

Enacted in 2023, the law in question, replaced the Chief Justice of India with a member appointed by the Prime Minister in the selection committee for appointing Election Commissioners. This change has been a point of contention, with critics asserting that it diminishes the autonomy of the Election Commission.

The Supreme Court had previously ruled that appointments should be made by a committee consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India until a new law was enacted.

Congress Leader Jaya Thakur has also filed a plea stating that the provisions are in direct contravention to the March 2023 direction of a Constitution Bench in Anoop Baranwal vs. Union of India, wherein it was ordered that the appointment of an Election Commissioner shall be on the recommendation of a committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha, and the Chief Justice of India.

It is Thakur's case that the aforementioned sections are diluting the judgments passed by the Supreme Court and nullify the Committee by excluding the Chief Justice of India. "It is further submitted that various State institutions supporting constitutional democracy have an independent mechanism for the appointment of its heads and members. The same is carried out with an object to keep them insulated from any external influence that allows them to remain neutral to carry on the assigned functions..", the plea states.

Notably, in the Anoop Baranwal judgment, Justice KM Joseph, heading the constitution bench had clarified that the committee propounded by it will function till the time Parliament enacts a law in this regard. The Constitution Bench also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar made these directions in a batch of petitions recommending reform in the process of appointment of members of the Election Commission of India.

The matter was referred to the Constitutional Bench after a Division Bench of the Top Court was of the view that 'a close look and interpretation of the provision of Article 324 of the Constitution of India’, which states superintendence, direction and control of elections to be vested in the Election Commission, was required.

Top Court had noted that several political parties came into power, but none framed a law for appointment in the Election Commission. Court added that this was a "lacuna" and emphasised that the Election Commission is duty bound to act in a fair and legal manner and to abide by the provisions of the Constitution and the directions of the Court.

Case Title: Dr Jaya Thakur and Anr vs. Union of India and Anr.

Bench: CJI Kant, Justice Bagchi and Justice Pancholi

Hearing Date: March 20, 2026