SC defers hearing on PILs against appointment of CEC, ECs under 2023 law to April 16

The Supreme Court on Wednesday said that it would take up PILs challenging the 2023 law on the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) on April 16. The law had replaced the CJI with a Union Cabinet Minister in the three-member selection panel.

A Bench of Justice Surya Kant and Justice N Kotiswar Singh deferred the hearing after advocate Prashant Bhushan submitted on behalf of the petitioners that the matter was unlikely to be taken up today as it’s listed at number 38.

"We will fix it on April 16, so that the matter is finally heard," Justice Kant said after Bhushan requested an urgent hearing, saying it went to the root of democracy and the issue was covered by a 2023 Constitution Bench verdict.

Noting that the court understood his point, Justice Kant pointed out that a lot of urgent matters were listed every day. The top court is seized of several PILs, including those filed by the Association for Democratic Reforms (ADR), Lok Prahari, PUCL and TMC MP Mahua Moitra, against the 2023 law governing the appointment of the CEC and ECs.

Ending the 73-year-old system of the government appointing the Chief Election Commissioner and Election Commissioners, the Supreme Court had on March 2, 2023, ordered creation of a three-member panel -- comprising the PM, Leader of Opposition in the Lok Sabha or leader of largest Opposition party and the CJI -- to select them. In an unanimous verdict, a five-judge Constitution Bench led by Justice KM Joseph (since retired) had, however, said, “This norm will continue to hold good till a law is made by Parliament.”

In December 2023, Parliament enacted the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023, that replaced the CJI with a Union Cabinet Minister in the three-member selection panel. The top court had on March 21, 2024 refused to stay the 2023 Act.