Supreme Court Chief Justice Surya Kant has recused himself from hearing the petitions challenging the law of appointment of the Chief Election Commissioner and Election Commissioners. Under this law the Chief Justice was removed from the selection panel. The CJI recused himself from the hearing and said that he would be accused of conflict of interest.
Advocate Prashant Bhushan, appearing for the petitioners, suggested that the matter should go before some other bench. Bhushan said that perhaps in my opinion it would be best to send it to a bench in which there is no future CJI. It was also told that both Justice Bagchi and Justice Pancholi are in line to become CJI.
CJI Surya Kant replied that I should send the matter to a bench in which the judge involved was not in line to become CJI. He said that then no one will be able to say anything. The court listed the matter for April 7, 2026 and placed it before a separate bench. The Election Commissioner Act was passed by Parliament in December 2023.
This comes a few months after the Supreme Court's March 2023 verdict, in which it had said that until a law is made, Election Commissioners (ECs) should be appointed by such a panel. This should include the Prime Minister, Leader of the Opposition and the Chief Justice of India. The court had given this direction to ensure that the appointment of election commissioners is done independently and there is no influence of the executive on them. The court had also made it clear that its decision will remain in force until the Parliament makes any law related to the appointment of election commissioners.
