SC to hear on Feb 12 PILs against new law on selection of CEC

The Supreme Court on Monday said it would take up on February 12 PILs challenging a law on the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) that replaced the CJI with a Cabinet minister in the three-member selection panel.

CEC Rajiv Kumar is due to retire on February 18. On behalf of petitioner Association for Democratic Reforms, advocate Prashant Bhushan told a Bench led by Justice Surya Kant that the matter was listed on February 4 but it was unlikely to be heard as there were several cases listed before it.

The Bench, which included Justice N Kotiswar Singh, said it would decide the issue on merits. Bhushan said the matter required an urgent hearing as incumbent CEC Rajiv Kumar was due to retire on February 18. He said the issue was covered by the a 2023 Constitution Bench verdict of the top court.

He said the 2023 verdict ruled the ECs couldn’t only be appointed by the government, but by an independent committee comprising the PM, Leader of Opposition and CJI or else it would be a threat to the democracy.

Solicitor General Tushar Mehta opposed Bhushan’s request for an interim order, saying another Bench of the court had refused to pass any interim orders.