New Delhi, February 3: The Supreme Court of India has scheduled February 12 for the final hearing of multiple petitions challenging the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) under the Chief Election Commissioner and Other Election Commissioners Act, 2023. A bench comprising Justices Surya Kant and N Kotiswar Singh stated that the court would decide on the matter on its merits and deliver a final ruling.
Advocate Prashant Bhushan, appearing on behalf of the Association for Democratic Reforms (ADR), an NGO, emphasized the urgency of the case. He pointed out that the incumbent CEC, Rajiv Kumar, is set to retire on February 18, making an immediate judicial review crucial. He argued that the issue is directly linked to the Supreme Court’s March 2, 2023 Constitution Bench ruling, which had mandated that the appointment of election commissioners should be overseen by an independent committee consisting of the Prime Minister, Leader of the Opposition, and the Chief Justice of India (CJI). The ruling had warned that allowing the government unilateral control over these appointments would pose a significant threat to electoral democracy and undermine the level-playing field in elections.
Bhushan further argued that the 2023 law, enacted by the government, removed the Chief Justice from the selection panel and replaced them with a cabinet minister, effectively granting the executive unchecked authority in appointing election commissioners. He contended that this move directly contradicts the Supreme Court’s earlier ruling and jeopardizes the independence of the Election Commission of India (ECI).
Similarly, Advocate Varun Thakur, representing Congress leader Jaya Thakur, submitted an application urging the court to direct the central government to adhere to the March 2, 2023 verdict when appointing the next CEC. The petitioners are seeking to ensure that appointments to the ECI remain free from political and executive influence, maintaining the integrity of the electoral process.
However, Solicitor General Tushar Mehta, representing the central government, opposed the petitioners’ submissions and their request for an interim order. Mehta noted that a separate Supreme Court bench had previously refused to issue a stay on the appointments made under the 2023 law. He stated that the central government is fully prepared to argue its case and urged the court to proceed with a final hearing on the matter.
The Supreme Court had previously deliberated on the issue on January 8, observing that the case presents a complex constitutional question—whether the judiciary’s opinion can override the legislature’s power to enact laws. On March 15, 2024, the court declined to stay the appointments of new election commissioners under the new law but agreed to examine the matter in detail.
The petitions, including those filed by ADR, have challenged the exclusion of the CJI from the selection committee, arguing that it allows excessive executive interference in the functioning of the ECI. The petitioners claim that the government has effectively overturned the Supreme Court’s 2023 ruling without addressing the concerns raised about political influence in electoral appointments.
In 2024, a selection panel chaired by Prime Minister Narendra Modi, operating under the provisions of the new law, recommended the appointment of former IAS officers Gyanesh Kumar and Sukhbir Sandhu as Election Commissioners. This appointment process has been contested by ADR and other petitioners, who have sought a stay on Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which formally excludes the Chief Justice from the selection process.
The Supreme Court’s March 2, 2023 verdict had strongly emphasized that allowing the executive exclusive control over the appointment of election commissioners would be detrimental to India’s democratic framework. The judgment asserted that ensuring the neutrality and independence of the ECI was paramount for conducting free and fair elections.
The petitioners are also urging the Supreme Court to restrain the central government from making further appointments under the 2023 law while the case is under judicial review. With the retirement of CEC Rajiv Kumar approaching, the court’s decision on February 12 is expected to have significant implications for the integrity and transparency of India’s electoral system.