Supreme Court to hear pleas on appointment of election commissioners today

The Supreme Court will on Wednesday hear petitions challenging the appointment process of the Chief Election Commissioner (CEC) and election commissioners (EC) under the Chief Election Commissioner and Other Election Commissioners Act, 2023.

The Act removed the Chief Justice of India from the selection panel appointing the ECs. Parliament passed the Act in December 2023 following a Supreme Court ruling that ECs should be appointed by a panel comprising the Prime Minister, the Leader of the Opposition and the Chief Justice of India (CJI) until a law is enacted.

The top court’s ruling was aimed at ensuring that the appointment process was independent and free of any influence.

Meanwhile, the hearing today comes two days after the Centre appointed EC Gyanesh Kumar as the next CEC, whose tenure will run until January 26, 2029, days before the Election Commission of India is expected to announce the Lok Sabha polls.

On Tuesday, lawyer Prashant Bhushan, appearing for an NGO, informed a top court bench of Justices Surya Kant and N Kotiswar Singh that despite the 2023 ruling, the government excluded the CJI and made a “mockery of democracy”.

The NGO, Association for Democratic Reforms, has challenged the CJI’s exclusion and contended the election commission should be insulated from “political” and “executive interference” for maintaining a healthy democracy.