New Delhi, Feb 12 : The Supreme Court has scheduled February 19 for hearing multiple petitions challenging the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) under the contentious 2023 law. The move comes amid concerns that the Union Government may appoint a new CEC under the challenged legislation before the matter is adjudicated.
A bench comprising Justices Surya Kant and N Kotiswar Singh was informed by senior advocate Prashant Bhushan, representing the NGO Association for Democratic Reforms (ADR), that the pleas were initially slated for hearing on February 12 but have now been deferred to February 19. He emphasized the urgency of the matter, citing the imminent retirement of current CEC Rajiv Kumar on February 18.
“We are fixing the matter for hearing on February 19,” the bench remarked, adding that “if anything happens in the interregnum, then the consequences are bound to follow.” This statement underscores the legal uncertainty surrounding the upcoming appointment and its potential implications for the Election Commission’s autonomy.
Bhushan, arguing for ADR, stressed that the 2023 law effectively undermines the Supreme Court’s previous ruling, which mandated an independent selection panel consisting of the Prime Minister, the Leader of Opposition, and the Chief Justice of India (CJI). Instead, the new law replaces the CJI with a Union Minister, raising concerns about executive dominance over the Election Commission.
“They have brought an Act that removes the Chief Justice from the selection committee, replacing them with another minister. This effectively makes the appointment process entirely dependent on the government’s discretion, rather than ensuring an independent election body,” Bhushan contended.
The legal challenge argues that the exclusion of the CJI from the panel violates the spirit of the Supreme Court’s March 2, 2023, verdict, which emphasized insulating the Election Commission from political and executive interference. The petitioners fear that the government’s changes to the selection process could compromise the Election Commission’s independence, raising questions about the integrity of upcoming elections.
Congress leader Jaya Thakur has also filed a petition, urging the Supreme Court to ensure that the new CEC’s appointment adheres to the March 2023 ruling rather than the 2023 Act. Advocate Varun Thakur, representing Thakur, reiterated that the government must be restrained from making appointments under the new law until the matter is resolved.
The Supreme Court has previously refrained from staying the appointments of election commissioners under the 2023 law, citing the fact that its own March 2023 ruling had left room for Parliament to enact legislation on the matter. However, the petitioners argue that the government’s move to exclude the CJI from the panel without addressing the concerns raised in the previous verdict represents excessive executive overreach.
ADR’s plea further asserts that the new law creates an unfair advantage for the ruling party, eroding the fundamental principle of free and fair elections. It challenges the validity of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which officially excludes the CJI from the selection process.
The controversy gained further traction after the government appointed former IAS officers Gyanesh Kumar and Sukhbir Sandhu as Election Commissioners in 2024, a move facilitated by the new selection process. The appointments have been viewed by critics as a direct consequence of the government’s attempt to consolidate control over the Election Commission.
As the Supreme Court prepares to take up the matter on February 19, the decision is expected to have significant implications for the future of electoral integrity in India. With the retirement of the current CEC just days away, all eyes are now on the Supreme Court’s next move in this high-stakes legal battle.