Supreme Court Chief Justice Sanjeev Khanna.
Supreme Court Chief Justice Sanjeev Khanna has recused himself from hearing the controversy related to the appointment of Chief Election Commissioner and Election Commissioner. The trial of the case will now begin on January 6, 2025, before a new judge. The matter is related to the central government’s new law which removes the CJI’s posts of Chief Election Commissioner and Election Commissioner Selection Committee and includes them as Union Ministers.
Last year, on March 2, 2023, the Supreme Court made a historic judgment. Among other things, a three-member committee was ordered to be constituted to appoint the Chief Election Commissioner and Election Commissioner. The committee includes the Prime Minister, the Leader of the Opposition and the Chief Justice of the Supreme Court. However, in December 2023, the central government passed a new law that abolished the CJI and replaced it with a federal minister.
Separation of CJI
CJI Khanna had earlier issued an interim order in connection with the case. However, he has now recused himself from the hearing. He said the matter should be brought before a judge in which he was not involved. Following his announcement, hearings will take place before the new judge from January 6, 2025.
Why is this matter controversial?
Controversy arose after the new law passed by the central government excluded the CJI from the selection committee. Many petitioners, including Congress worker Jaya Thakur, filed petitions in the Supreme Court against the decision. The petition mainly challenges Articles 7 and 8 of the new law. The petitioners claimed that these provisions undermined the independence and impartiality of the Electoral Commission.
Main legal terms
The 2023 law introduces significant changes to the appointment process for the Electoral Commission. Now, the Chief Electoral Commissioner and Election Commissioner are appointed on the advice of a three-member committee, which includes the Prime Minister, Cabinet Ministers and the Leader of the Opposition. Accordingly, the selection committee is empowered to conduct its proceedings in a transparent manner and the committee headed by the Union Law Minister is also empowered to consider candidates.
Arguments from Congress and other petitioners
Several petitioners, including Congress leader Jaya Thakur, Association for Democratic Reforms, People’s Union for Civil Liberties and Lok Prahari, said the new law violated the Supreme Court’s 2023 decision. He said it was necessary for the CJI to participate in the selection committee to ensure the independence and impartiality of the committee.
The government’s argument in the case
The Supreme Court, in its 2023 ruling, said the appointment process of chief election commissioner and election commissioner should be separate from the executive branch. The government says the new law makes the selection process more efficient. The CJI has now distanced itself from the matter. Now, a new judge will hear the case from January 6, 2025. The central government and the Election Commission have been directed to submit replies in the matter.
